Statement of claim to the district court for recovery of insurance benefit under the compulsory insurance contract
Attention!
The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation.
For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Bostandyk District Court of Almaty
Republic of Kazakhstan, Almaty, 050043,
Orbit 2nd microdistrict, 20 A.
phone: 8 (727) 242-21-02.
Plaintiff: S.E.S.,
IIN ...
Address: T..., lane 7.
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 50 85; +7-700-978-50-85;
+7 708 978 50 85.
Defendant: Centras Insurance Company JSC
Almaty, ul.151 Mynbayeva Street
BIN 991240000451
reception@cic.kz
+7 727 259-77-55
Third party: Private bailiff of the executive
districts of Mangystau region Bisengaliev Beknur Ermekovich
Aktau, 3b, building 16, 212 office
8-700-120-12-77
A CLAIM for recovery of an insurance payment under a compulsory insurance contract
A contract on compulsory professional liability insurance was concluded between the defendant and the bailiff of the executive district of the Mangystau region Bisengaliev Beknur Ermekovich, a private bailiff (hereinafter referred to as the CSI).
According to Art. 146. According to the Law "On Enforcement Proceedings and the Status of Bailiffs", a private bailiff is not entitled to carry out his activities in the absence of a professional liability insurance contract for a private bailiff.
The object of professional liability insurance of a private bailiff is the property interest of the policyholder (insured person) related to his obligation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to compensate for damage caused to third parties in connection with the execution of enforcement documents.
On 02/03/2021, S.E.S. (hereinafter referred to as the plaintiff) became the winner of the auction for real estate apartments in Aktau, mkr. 15, 52, sq. 77 on the electronic platform etp.adilet.gov conducted by the Chamber of Private Bailiffs. The specified innovation was put up for auction by the bailiff of the executive district of the Mangystau region Bisengaliev Beknur Ermekovich, a private bailiff (hereinafter referred to as the CSI).
According to the purchase and sale agreement concluded with CHSI, the property was purchased for the amount of 9,499,946.63 (nine million four hundred ninety-nine thousand nine hundred forty-six tenge 63 tiyn) tenge.
As a result of the professional mistakes of the CSI, electronic auctions were canceled, as well as the purchase and sale agreement was terminated. The professional errors of the CSI were established and proved by the court.
By the decision of the Specialized Interdistrict Administrative Court of the Mangystau region dated December 20, 2021, the actions of the CHSI were declared illegal.
In the same decision, in the reasoning part, the Court established all the professional errors of the CSI: "The CSI in the course of execution, insufficient property and the inability to execute the enforcement document in the manner specified in the arbitration decision was not established, on the contrary, it was refuted by the debtor's explanation dated October 18, 2019, which indicated the possibility of executing the enforcement document in monthly payments. All necessary measures were not taken to execute the enforcement document provided for by Law at the expense of the debtor's other property, the debtor's explanation was ignored, explaining that it was possible to pay the debt on a monthly basis, the fact that the property belonged to the debtor was not established, and the foreclosure procedure was not followed. Meanwhile, as follows from the submitted marriage certificate, the collateral was acquired by the debtor during the marriage. These violations are significant and precluded the possibility of foreclosure on the collateral, which is the joint joint property of the spouses, despite the fact that the debtor's share in this property was not determined in accordance with the established procedure." The above facts confirm the professional mistakes of the CSI.
By virtue of art. 8-2. According to the Law of the Republic of Kazakhstan dated December 18, 2000 "On Insurance Activities", professional liability insurance is a type of civil liability insurance that provides for insurance payments in the amount of partial or full compensation for damage caused to third parties as a result of erroneous actions (inaction) and (or) omissions in the process or as a result professional activity carried out on the basis of a special permit (license, notification) and (or) requiring special knowledge, experience and (or) qualifications.
By the decision of the Court No. 2 of Aktau, Mangystau region, dated May 23, 2022, the purchase and sale agreement for an apartment located at the address: Mangystau region, Aktau city, 9 microdistrict, 9 house, 35 apartment, concluded between S.E.S. and private bailiff Bisengaliev Beknur Ermekovich dated February 08, 2021 was declared invalid, the parties they were restored to their original position.
Thus, all the above-mentioned professional errors of the CSI have influenced the decisions of the Courts, as a result of which the client has been left without an apartment and without funds to this day.
According to clause 4, Part 5.1. of the professional liability insurance contract for private bailiffs, the beneficiary has the right to receive insurance payments in accordance with the procedure and conditions established by the contract.
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
According to paragraph 1 of Article 917 of the Civil Code of the Republic of Kazakhstan, "Damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full."
According to clauses 1, 1, art. 610 of the Tax Code of the Republic of Kazakhstan, which stipulates that from statements of claim filed with the court, statements of special claim proceedings, statements (complaints) in cases of special proceedings, applications for a court order, applications for the issuance of a duplicate writ of execution, applications for the issuance of writ of execution for the enforcement of decisions of arbitration and foreign courts, applications for repeated When issuing copies of judicial acts, writ of execution and other documents, the state fee is charged in the following amounts: unless otherwise established by this paragraph, from property claims: for individuals - 1 percent of the amount of the claim.
Based on the above and in accordance with art. 917 of the Civil Code of the Republic of Kazakhstan,
I ask the Court:
To collect from Centras Insurance Company JSC in favor of S.E.S., the amount of insurance payment under the compulsory insurance contract in the amount of 8,909,946.63 tenge.
To recover from the Defendant Centras Insurance Company JSC in favor of S.E.S., representative expenses in the amount of 300,000 tenge;
To recover from the Defendant Centras Insurance Company JSC in favor of S.E.S., a refund of the paid state duty in the amount of 89,100 tenge.
With respect,
Representative by proxy:
___________/ Nurlanov N.N.."___"____________2023 G.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
