Article 7-1. Requirements for the insurer and Internet resources when concluding a compulsory environmental insurance contract and settling insurance claims through the exchange of electronic information resources of the Law on Compulsory Environmental Insurance

      1. When concluding compulsory environmental insurance contracts in electronic form and settling insurance claims under them, the Internet resource and (or) the insurer's information system are used to exchange electronic information resources between the organization for the formation and maintenance of the database, the insurer and the policyholder (insured, beneficiary).  

     When submitting an application for the conclusion of a compulsory environmental insurance contract in electronic form and the settlement of an insured event, the policyholder is not required to use specialized software.

     The Internet resource of the organization for the formation and maintenance of the database contains a link to the Internet resource of the insurance organization, used to conclude compulsory environmental insurance contracts and settle insurance claims in electronic form.

     2. The procedure for the exchange of electronic information resources between an organization for the formation and maintenance of a database and an insurer, an insurer and an insured (insured, beneficiary) is determined by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

     3. When concluding a compulsory environmental insurance contract and settling insurance claims under it using the insurer's Internet resource, the insurer is obliged to ensure:

     1) immediate notification to the policyholder of the conclusion of a compulsory environmental insurance contract or refusal to conclude it (indicating the reasons for the refusal) in the form of an electronic message;

     2) notification of the policyholder (insured) about the main stages of the insured event settlement process, including refusal to accept documents for settlement (indicating the reasons for refusal), in the form of an electronic message in accordance with the procedure established by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

     3) the possibility for the policyholder (insured) to verify information on the concluded compulsory environmental insurance contract on the Internet resource of the insurance company;

     4) the possibility for the policyholder (insured, beneficiary) to verify information on the insured event under the compulsory environmental insurance contract on the Internet resource of the insurance company;

     5) storing the compulsory environmental insurance contract in electronic form and information on the insured event under it, providing round-the-clock access for the policyholder (insured, beneficiary) to the insurer's Internet resource;

     6) the possibility for the policyholder (insured, beneficiary) to create and send to the insurer information in electronic form (applications, notices and (or) other documents, information) necessary for:

      conclusion of a compulsory environmental insurance contract;  

     early termination of the compulsory environmental insurance contract;

     notification of the occurrence of an insured event (an event considered as an insured event);

     determining the assessment of the amount of environmental damage caused as a result of an accident;

     receiving an insurance payment;

      settlement of disputes arising from the compulsory environmental insurance contract, taking into account the specifics provided for in Article 22-1 of this Law.

     The notification of the conclusion of a compulsory environmental insurance contract and the settlement of insurance claims under it is sent from the organization for the formation and maintenance of a unified database.

     The requirements for the procedure and content of notifications on the conclusion of a compulsory environmental insurance contract and the settlement of insurance claims under it are determined by the authorized body for regulation, control and supervision of the financial market and financial organizations.

     4. When concluding a compulsory environmental insurance contract by exchanging electronic information resources, the insurance contract is considered concluded by the policyholder from the date of payment of the insurance premium by the policyholder (the first insurance premium in case of payment of the insurance premium in installments), unless otherwise provided by the compulsory environmental insurance contract.

     5. When concluding a compulsory environmental insurance contract through the exchange of electronic information resources, the policyholder pays the insurance premium (first insurance premium) after familiarizing himself with the insurance conditions provided for by this Law, thereby confirming his consent to conclude an affiliation agreement on the terms proposed to him.

     6. The insurer provides an opportunity to conclude compulsory environmental insurance contracts and settle insurance claims under them using the insurer's Internet resource around the clock.

     7. The activity of insurance agents in concluding compulsory environmental insurance contracts is not allowed.

The Law of the Republic of Kazakhstan dated December 13, 2005 No. 93-III.

      This Law regulates public relations arising in the field of compulsory environmental insurance and establishes the legal, economic and organizational basis for its implementation.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases