Article 8-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory liability insurance for owners of facilities and settling insurance claims through the exchange of electronic information resources of the Law On Compulsory Civil Liability Insurance for Owners of Facilities whose Activities are Associated with the Risk of Harm to Third Parties

Home / RLA / Article 8-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory liability insurance for owners of facilities and settling insurance claims through the exchange of electronic information resources of the Law On Compulsory Civil Liability Insurance for Owners of Facilities whose Activities are Associated with the Risk of Harm to Third Parties

Article 8-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory liability insurance for owners of facilities and settling insurance claims through the exchange of electronic information resources of the Law On Compulsory Civil Liability Insurance for Owners of Facilities whose Activities are Associated with the Risk of Harm to Third Parties

1. When concluding a compulsory liability insurance contract for owners of objects in electronic form and settling insurance claims for 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 liability insurance contract for owners of facilities in electronic form and 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 liability insurance contracts for owners of facilities 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 liability insurance contract for owners of facilities 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 liability insurance contract for the owners of facilities 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 of verification by the policyholder (insured) of information on the concluded contract of compulsory liability insurance of owners of objects on the Internet resource of the insurance company;

4) the possibility of verification by the policyholder (insured, beneficiary) of information on the insured event under the contract of compulsory liability insurance of owners of objects on the Internet resource of the insurance company;

5) storing the contract of compulsory liability insurance of owners of facilities 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 and modification of the contract of compulsory liability insurance for owners of facilities;

early termination of the compulsory liability insurance contract for owners of facilities;

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

determining the assessment of the amount of damage caused;

receiving an insurance payment;

settlement of disputes arising from the contract of compulsory liability insurance of owners of facilities, taking into account the specifics provided for in Article 21-1 of this Law.

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

The requirements for the procedure and content of notifications on the conclusion of a compulsory liability insurance contract for owners of facilities 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 contract of compulsory liability insurance for owners of facilities 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 contract of compulsory liability insurance for owners of facilities.

5. When concluding a compulsory liability insurance contract for owners of facilities by exchanging electronic information resources, the policyholder pays the insurance premium (the first insurance premium in case of payment of the insurance premium in installments) 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 liability insurance contracts for owners of facilities and settle insurance claims on them using the insurer's Internet resource around the clock.

7. The activity of insurance agents in concluding compulsory liability insurance contracts for owners of facilities is not allowed.

The Law of the Republic of Kazakhstan dated July 7, 2004 No. 580.

This Law regulates public relations arising in the field of compulsory insurance of civil liability of owners of facilities whose activities are associated with the risk of harm to third parties, and establishes the legal, economic and organizational basis for its implementation.

President

Republic of Kazakhstan

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