Article 20. The right of a reverse claim against a person who has caused harm to the Law On Compulsory Insurance of Civil Liability of Owners of Facilities whose Activities are associated with the risk of Harm to Third Parties

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Article 20. The right of a reverse claim against a person who has caused harm to 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. An insurer who has made an insurance payment has the right to claim back against the policyholder within the amount paid in the following cases::

1) intentional actions of the policyholder (insured) aimed at the occurrence of an insured event or contributing to its occurrence;

2) the policyholder (insured) commits actions recognized as intentional criminal or administrative offenses related to the insured event in accordance with the procedure established by legislative acts of the Republic of Kazakhstan.;

3) an increase in the amount of damage as a result of the deliberate failure of the policyholder (insured) to take reasonable and affordable measures to reduce it;

4) informing the policyholder (insured) to the insurer of deliberately false information about the insured object, about the insured risk, the insured event and its consequences;

5) refusal of the policyholder (insured) waiver of his right of claim to the person responsible for the occurrence of the insured event, as well as refusal to transfer to the insurer the documents necessary for the transfer of the right of claim.

2. The insurer who has made the insurance payment shall have, within the limits of the amount paid, the right to a reverse claim, which the policyholder (insured) has against the person responsible for the damage caused, compensated under the contract of compulsory liability insurance of the owners of the facilities.

3. The insurer who has made an insurance payment under the contract of compulsory liability insurance of the owners of facilities has no right to claim back against their employees, whose violation of official, official or other labor duties caused a dangerous production factor, except in cases of intentional actions.

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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