Voluntary insurance of civil liability of private bailiffs
The object and subject of insurance
The object of insurance is the property interests of the Insured related to its obligation to compensate the damage caused to the participants enforcement proceedings and other persons (hereinafter – the beneficiaries), as a result of the commission of executive actions contrary to the laws of the Republic of Kazakhstan.
The subject of the contract of insurance of civil liability of private bailiffs is property interests of the Insured related to its duty to compensate property damage caused to third parties, in connection with any unintentional violations or unintended errors and omissions in the commission of executive actions.
In the period of insurance the Insured shall immediately inform the insurer about which it has known significant reported in the insurance contract, if these changes can significantly affect the increase of the insured risk.
The sum insured, the insurance premium, franchise
The sum insured under the insurance contract is established by agreement of the parties.
The insurance contract is established franchise, the size and form of which is determined in the insurance contract. Franchise by agreement of the parties, or set as a percentage of the sum insured (the amount of damage) or in absolute amount.
The premium for the insurance contract shall be calculated according to the insurance tariffs established as a percentage of the sum insured, according to the table and insurance rates for voluntary insurance of civil liability of private bailiffs.
The insurance premium is payable by the Insured a lump sum or by installments in the form of periodic premiums in cash or non-cash form.
Insurance cases and insurance payments
The insured event is recognized event from which the onset of the insurance contract provides for the implementation of insurance payment, namely the damage caused to the Beneficiary private bailiff in unintentional violations or unintended errors and omissions in the commission of executive actions.
The insured event shall be deemed occurred since the establishment of the court to compensate the duty of the Insured Beneficiary harm as a result of enforcement actions.
The event is recognized insurance, provided that:
- occurred in the period of insurance;
- occurred in the territory of insurance specified in the insurance contract;
- there is a direct causal link of the injury and the event, the damage to which is refundable in accordance with the insurance contract;
- entered into legal force of a court decision.
Insurance covers claims relating only to the professional activities of the Insured.
The burden of proof of the insured event, as well as damages caused by them, lies on the policyholder.
Te size of damage is determined by the size of the set by a court decision caused the private bailiff Beneficiary harm as a result of enforcement actions within the sum insured.
If the damage caused by the insured is partially refundable third parties, guilty of causing it, the insurer reimburses Only the difference between the total amount to be paid, and the amount that is recoverable from the person responsible for causing harm unless otherwise provided by the contract.
The policyholder must notify the insurer about the presence of such persons and the amounts of payments, which can be recovered from these persons.
The insurer has the right to defer the payment of the insurance in the event of:
1) if he has reasoned doubts about the authenticity of documents confirming the insurance case – as long as there will not be provided the necessary evidence;
2) if the competent authorities initiated criminal proceedings against the Insured (Beneficiary), its employees or other they face and the circumstances under investigation, led to the emergence of the damage – until the end of the investigation;
3) in the case of appeal (protest) of the judgment in accordance with established procedure – until the court decision comes into force.
The decision on the implementation of insurance payment or refusal of the insurance payment is received by the Insurer in a period not later than 15 (Fifteen) working days from the date of the last of the necessary documents confirming the occurrence of the insured event, the reasons for its occurrence, and the recipient of the right to an insurance payment and approval of the relevant insurance act, unless otherwise expressly agreed in the contract of insurance.
In the case of a decision to refuse the insurance payment the Insurer shall inform the Insured in writing with reasoned justification of the reasons for refusal within 30 (thirty) business days from the date of the Insured all necessary documents, unless otherwise directly stated in the insurance contract.
When deciding on the implementation of insurance payments to the Insurer makes insurance payment to the Beneficiary no later than 30 (Thirty) business days from the date of adoption of the decision by the Insurer, unless otherwise expressly agreed in the contract of insurance.
Total payments under the insurance contract can not exceed the sum insured.