Article 8. The contract of compulsory liability insurance of owners of facilities and the procedure for its conclusion of the Law On Compulsory Insurance of Civil Liability of Owners of Facilities whose activities are associated with the risk of Harm to Third Parties

Home / RLA / Article 8. The contract of compulsory liability insurance of owners of facilities and the procedure for its conclusion of the Law On Compulsory Insurance of Civil Liability of Owners of Facilities whose activities are associated with the risk of Harm to Third Parties

Article 8. The contract of compulsory liability insurance of owners of facilities and the procedure for its conclusion of the Law On Compulsory Insurance of Civil Liability of Owners of Facilities whose activities are associated with the risk of Harm to Third Parties

1. Compulsory liability insurance of property owners is carried out on the basis of a contract concluded between the policyholder and the insurer in favor of third parties in accordance with this Law.

If there is more than one owner of the facility, whose activities are associated with the risk of harm to third parties, a compulsory liability insurance contract for the owners of the facilities is concluded by any of them with mandatory indication in the insurance policy of all owners of the facility as insured.

2. The contract of compulsory liability insurance of owners of facilities provides for insurance payments for obligations incurred as a result of harm to life, health and (or) property of a third party by a dangerous production factor, with the exception of compensation for moral damage, lost profits and payment of a penalty.;

3. A compulsory liability insurance contract for owners of facilities must be concluded only with an insurer licensed to carry out activities of this type (class). compulsory insurance.

The policyholder is free to choose an insurer.

The insurer has no right to refuse the policyholder to conclude a compulsory liability insurance contract for the owners of facilities, except in cases provided for by the laws of the Republic of Kazakhstan.

Under the contract of compulsory liability insurance of the owners of the facilities, the policyholder undertakes to pay the insurance premium, and the insurer undertakes, upon the occurrence of an insured event, to make an insurance payment to the policyholder (beneficiary) in the amount, procedure and terms established by this Law.

4. The contract of compulsory liability insurance of the owners of the facilities is concluded by registration of the insurance policy by the insurer in electronic form.

The basis for concluding a compulsory liability insurance contract for the owners of the facilities is the policyholder's statement.

The responsibility for the incompleteness of the conditions to be specified in the contract of compulsory liability insurance of the owners of the facilities is borne by the insurer. In the event of a dispute under the contract of compulsory liability insurance of the owners of the facilities due to the incompleteness of its individual terms, the dispute is resolved in favor of the policyholder.

4-1. At the request of the policyholder, a compulsory liability insurance contract for the owners of facilities may be concluded by contacting the insurer in writing or exchanging electronic information resources between the policyholder and the insurer.

5. The insurance policy, in addition to the conditions listed in Article 826 of the Civil Code of the Republic of Kazakhstan, must contain the amount of the maximum amount of liability of the insurer for one insured event.

The requirements for the content and design of an insurance policy for compulsory liability insurance of property owners are established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.

6. Excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective from 01/01/2019).

7. If the insurer has concluded a compulsory liability insurance contract for the owners of facilities on terms that worsen the situation of the policyholder (insured) or a third party in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer shall be liable to the policyholder (insured) or a third party on the terms established by this Law.

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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