In order to receive an insurance payment, the victim must submit documents confirming the expenses incurred by him
Article 24 of Law No. 446 was also amended, namely, the words were deleted from the eighth paragraph of subparagraph 1) of paragraph 1 of Article 24: "The amount of insurance payment for each day of inpatient treatment must be at least 10 monthly calculation indices." Previously, the insurer had to pay the victim at least 10 MCI for each day of hospital stay, regardless of the actual costs incurred, then in accordance with the current version of Article 24 of the Law for injury, injury or other damage to health without disability – in the amount of the actual costs of outpatient and (or) inpatient treatment, but not more than 300 MCI. Thus, in order to receive an insurance payment, the victim must submit documents confirming the expenses incurred by him. However, by virtue of Article 4 of the Civil Code, acts of civil legislation are not retroactive and apply to legal relations that have arisen after their entry into force.
By the decision of the appellate instance of the East Kazakhstan Regional Court dated July 13, 2016, the decision of the Semeysky City Court dated May 3, 2016 on the claim of T. to JSC "K" for the recovery of insurance benefits was changed. Satisfying the plaintiffs' claims, the board pointed out that since the provision of article 24 of the Law was in force on the day the plaintiff and his minor children had the right to receive insurance payments before the amendments were made on November 24, 2015, respectively, they are entitled to receive insurance payments for the period of inpatient treatment at the rate of 10 MCI for each day of stay. in a medical institution without providing documents confirming the costs of inpatient treatment. A similar decision was made by the Petropavlovsk City Court No. 2 on August 4, 2016 on the claim of K. to JSC "K". Courts should take into account that article 24 of Law No. 446 provides for the maximum amount of liability of an insurer for one insured event. Thus, the maximum amount of liability for harm caused to the life and health of each victim, according to subparagraph 1) of paragraph 1 of Article 24 of Law No. 446, depends on the consequences that have occurred: death, disability or injury, injury or other damage to health without disability. Consequently, the Law does not provide for the simultaneous collection of insurance payments for disability and damage to health without establishing disability (the decision of the Judicial Board for Civil Cases of the Supreme Court of March 2, 2016 on the claim of K. to JSC "Oil Insurance Company" on compensation for damage caused to health as a result of a traffic accident).
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