Lawyer for insurance payments Claims related to the determination of the amount of insurance payments due to victims undergoing inpatient treatment in medical institutions.
According to subparagraph 1) of paragraph 1 of Article 24 of the Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter referred to as the Law), the maximum amount of liability of an insurer for one insured event (insurance amount) for damage caused to the life or health of each victim and resulting in injury, injury or other damage to health without disability, It represents the amount of the actual costs of outpatient and inpatient treatment, but should not exceed 300 MCI. At the same time, the specified provision of the Law stipulates that the amount of insurance payment for each day of inpatient treatment should be at least 10 MCI. The inconsistency of the content of the cited rule of Law with the requirements of paragraph 3 of Article 19 of the Law "On Normative Legal Acts" ("The text of a normative legal act is set out in accordance with legal technique, its provisions must contain a clear and non-interpretable meaning") entails a different understanding by judges, which is why there is a lack of uniformity in the application of this rule in the judicial system. practice. An analysis of judicial practice has shown that when determining the amount of insurance payments to be recovered from the insurer, provided for in subparagraph 1) Paragraph 1 of Article 24 of the Law on Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter referred to as the Law), the courts of all instances of the republic made contradictory decisions in various civil cases based on different interpretations of the meaning of this provision of the Law.
Lawyer for insurance payments Claims related to the determination of the amount of insurance payments due to victims undergoing inpatient treatment in medical institutions.
Taking into account the data of judicial practice, having analyzed the results of consideration of appeals from various insurance organizations to the Supreme Court, the Committee for Control of the Financial Market and Financial Organizations of the National Bank of the Republic of Kazakhstan, the supervisory judicial board for civil and administrative cases came to the following conclusion. Based on the content of subparagraph 1) of paragraph 1 of Article 24 of the Law, the costs of outpatient and (or) inpatient treatment of the victim, but not exceeding 300 MCI, are reimbursed only if they provide evidence confirming the actual expenses incurred, and in the absence of such evidence, the victim is reimbursed only the insurance amount of at least 10 MCI for every day of inpatient treatment.
In some regions, judicial practice has taken the path of recognizing as justified claims for the recovery of insurance payments in favor of "car buyers by proxy" without proper registration of their purchase and registration of the car. A common situation is when damage from damage to a car is caused not to the owner of the car according to the technical passport, but to the person who owns the car under a power of attorney for the right to drive during the actual purchase and sale transaction. So, in the case of the claim of K. The courts of appeal and cassation instances of the North Kazakhstan region took into account that there is a notarized statement from the owner of the car according to the technical passport of N. a third party about the actual sale of the car to the plaintiff K. for 423 000tenge with a power of attorney to drive a car \without the right to sell \ with the right to insure and receive insurance payments. The claim was filed by K. on his own behalf, and the court recognized him as the owner of the car and the person whose property was damaged, and satisfied the claim. When making a corresponding claim, the owner himself, whose property interests were damaged, could still be recognized as the proper plaintiff. The person who drove the car by proxy and had a power of attorney to represent the interests of the owner, including signing a statement of claim on his behalf, had a real opportunity to file a claim on behalf of the owner himself. Another example is when the insurer went to court to the harm-doer with a claim for recovery of the amount of compensation paid to the owner of the damaged car. The defendant, objecting to the claim, referred to the invalidity of the insurance contract, since the policyholder was not actually the owner of the car. At the same time, according to Articles 807, 809 of the Civil Code, the objects of property insurance may be any property interests, including those related to the possession, use and disposal of property, or related to the obligation to compensate for damage caused to other persons. A property insurance contract concluded in the absence of the policyholder or beneficiary's interest in preserving the insured property is invalid. In this case, the insurance contract is concluded by the lessee of the property in favor of the owner (beneficiary), the lease agreement charges the costs of the damaged car to the lessee.
The owner, as the person with the fullest absolute right to the property belonging to him, always has a legally based interest in its preservation. There is also such an interest when the repair obligation is assigned under the contract to the lessee, who at the same time is directly a party to the insurance contract. In these circumstances, there are no grounds for declaring the insurance contract invalid. The relationship between the tenant and the owner of the car in this case does not affect the duty of the causer to compensate for the damage. A tenant who has repaired a car is not deprived of the right to demand from the owner payment of the funds incurred for repairs according to the rules on unjustified enrichment to the extent that the owner's losses are compensated by the insurer.
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