Правила страхования
1.1. These rules of comprehensive insurance of the Exhibitor (hereinafter referred to as the “Rules") have been developed in accordance with the Civil Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan dated December 18, 2000 No. 126-II "On Insurance Activities".
1.2. On the terms of the Rules of JSC IC NOMAD Insurance (hereinafter referred to as the "Insurer"), carries out voluntary insurance against other financial losses, property insurance against damage and civil liability insurance through the conclusion of a voluntary property insurance contract against damage, civil liability insurance and insurance against other financial losses (hereinafter referred to as the Contract) with legal entities (regardless of the form of ownership and residence) or capable individuals (regardless of citizenship) (hereinafter referred to as the “Insurant”) by issuing an insurance policy (hereinafter referred to as the Policy) or concluding an Insurance Contract (hereinafter referred to as the Contract).
1.3. The Policy is issued in electronic form by attaching the Insurant to these Rules, developed unilaterally by the Insurer.1.4. The Contract is concluded on paper, in accordance with the form established by the Insurer.
1.4. The following concepts are used in the Rules:
Beneficiary is a person who, in accordance with the Contract, is the recipient of the insurance benefit.
An insurer is a person who carries out insurance, that is, who is obliged, upon the occurrence of an insured event, to make an insurance payment to the Insurant or another person in whose favor the Contract has been concluded (to the Beneficiary), within the amount specified in the Contract (the insured amount). An insurer can only be a legal entity registered as an insurance company and licensed to carry out insurance activities.
The Insurant is a person who has concluded the Contract with the Insurer. Unless otherwise provided by the Contract, the Insurant is also Insured.
The insured is the person in respect of whom the insurance is carried out. Only a person who participates in exhibition events can be insured.;
An insured event is an event upon the occurrence of which the Contract provides for the insurance payment. An event considered as an insured event must have the characteristics provided for in clause 3 of Article 817 of the Civil Code of the Republic of Kazakhstan.
Insurance premium is the amount of money that the Insurant is obliged to pay to the Insurer for the latter's acceptance of obligations to make an insurance payment to the Insurant (Beneficiary) in the amount determined by the Contract.
Insurance payment is the amount of money paid by the Insurer to the Beneficiary within the insured amount upon the occurrence of an insured event.
Unconditional franchise is the Insurer's exemption from indemnification of damage not exceeding a certain amount provided for in the terms of insurance. In case of an unconditional deductible, the damage in all cases is reimbursed minus the stated amount. Damage and/or loss, destruction in all cases is reimbursed minus the established deductible.
Subrogation is the transfer to the Insurer who has paid the insurance indemnity, the right of claim within the amount paid, which the Insurant (Insured) has to the person responsible for losses indemnified as a result of insurance.
Third parties (victims) are persons whose life/health and/or property have been harmed as a result of the occurrence of an event recognized as an insured event and provided for by these Rules.
Third parties (victims) may be the following persons who have suffered harm / damage in the course of the Insurant's / Insured's activities:
1) individuals whose lives, health and/or property have been damaged;
2) legal entities whose property has been damaged;
3) individuals entitled to compensation for damage due to the death of the victim.
Insurance cover is the period during which the insured property and the financial interests of the Insurant/The Beneficiary is protected in cases stipulated by the terms of the insurance Contract.
An exhibitor is an insured person participating in an exhibition event.
Exhibition stand is the space allocated by the organizer of the exhibition event for the Exhibitor to participate in the exhibition event.
1.5. Insurants have the right to conclude Contracts with the Insurer in favor of third parties as Insured persons who have a reasonable interest in preserving the insured property from damage. The conclusion of a Contract in favor of the Insured does not release the Insurant from fulfilling obligations under such Contract.
1.6. The obligations of the Insurant specified in the Rules and the Contract apply equally to the Insured and Beneficiaries. Failure by the latter to fulfill these obligations entails the same consequences as failure by the Insurant.
1.7. The payment of the insurance premium by the Insurant under the Contract is a confirmation of his/her full agreement with these Rules.
2.1. The object of insurance is the property interests of the Insurant (Insured) that do not contradict the legislation of the Republic of Kazakhstan, related to:
1) damage, destruction and/or loss of movable property (hereinafter referred to as "Movable Property");
2) harm to the life, health and (or) property of third parties, as a result of the exploitation of property while participating in an exhibition event (hereinafter referred to as the "civil liability");
3) additional and unforeseen expenses, losses directly incurred by the Exhibitor in connection with participation in the Exhibition, namely: rent for space and services, stand rental, transportation costs, design costs, construction/assembly, installation and dismantling of stands and/or expositions, their equipment and exhibits.
2.2. The insurance is subject to:
2.2.1. According to the section "PROPERTY" (can only be insured together with civil liability and additional costs) - any movable property used by the Exhibitor for the purpose of participating in the exhibition event, owned by the Exhibitor both on the right of ownership and on the right of lease.
2.2.2. According to the section "civil liability" (can only be insured together with property and additional expenses) liability for damage to life or health and/ or damage to property of third parties arising from the participation of the Exhibitor in the exhibition event.
2.2.3. According to the section "Additional expenses" (can only be insured together with property and additional expenses): additional and unforeseen expenses incurred by the Insurant as a result of insured events, namely: rent for space and services, stand rental, transportation costs, design costs, construction/assembly, installation and dismantling of stands and/or expositions, their equipment and exhibits.
3.1. The insurer is NOMAD Insurance Joint Stock Company, which has received a license for the right to carry out insurance activities in the territory of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
3.2. The contract is concluded with any individual (regardless of citizenship) and legal entity (regardless of form of ownership and residence), hereinafter referred to as the "Insurant".
3.3. The Insurant has the right, at the conclusion of the Contract, to appoint as a Beneficiary any person who has an interest in preserving property, with the exception of causing damage and harm to third parties (victims).
3.4. A contract concluded when the Insurant, the Insured, who is not the Insurant, or the Beneficiary has no interest in preserving the insured property is invalid.
3.5. The Policyholder shall have the right to replace the Beneficiary specified in the Contract who is not the Insured with another person before the occurrence of the Insurable Event by notifying the Insurer thereof in writing.
3.6. The beneficiary is:
1) According to the sections "PROPERTY" - In case of damage, destruction and/or loss of insured property, the beneficiary is the owner of this property.
2) According to the section "civil liability" - third parties whose life, health and (or) property have been harmed/damaged as a result of the participation of the Exhibitor/Insured in the exhibition event. In case of death of third parties, the Beneficiaries are persons who, according to the current legislation of the Republic of Kazakhstan, have the right to compensation for damage in connection with the death of a third person.
3) Under the section "Additional expenses" - the Insurant. According to this section, the risk can only be insured in favor of the Insurant.
4. DEFINITION OF AN INSURED EVENT
4.1. An Insured event is an event that has occurred, provided for by the Rules and the Contract, upon the occurrence of which the Insurer is obliged to make an insurance payment to the Insurant or another person in whose favor the Contract is concluded.
An event considered as an insured event must have all of the following characteristics:
1) the probability and randomness of an event occurring;
2) unpredictability regarding the specific time or place of occurrence of the event, as well as the amount of losses as a result of the occurrence of the event;
3) absence of danger that the event is inevitably and objectively to occur within the scope of the Contract, which the parties or at least the Insurant knew or were aware of in advance;
4) the occurrence of an event has negative, unfavorable economic consequences for the property interest of the Insurant (Insured, Beneficiary);
5) the occurrence of an event is not related to the will and (or) intent of the Insurant (Insured, Beneficiary) and does not provide for the purpose of extracting benefits and (or) obtaining winnings (speculative risk).
4.2. In accordance with the Rules, an insured event is the death, damage or loss of insured property as a result of the occurrence of an event or a set of events specified in the Contract (insured events). An insured event occurs only when the death, damage or loss of the [1][1]insured property or the fact of liability occurred during the term of the Contract.
4.3. Insured events are anticipated events specified in the Contract that have signs of probability and randomness, the unexpected occurrence of which may lead to death, damage or loss of insured property.
4.4. The Insurant (Insured) and the Beneficiary shall be responsible for proving the occurrence of an insured event and the extent of the damage caused thereby.
5.1. Insurance events under the section "Property".
5.1.1. Insurance against fire, smoke and gas explosion
The Insurer shall make an insurance payment for damage caused as a result of destruction, damage or loss of insured property as a result of the occurrence of the following events (insured events):
1) fire;
A fire means the occurrence of a fire capable of spreading independently, outside places specially designed for its development and maintenance, as well as damage caused by smoke and fire extinguishing measures used to prevent further spread of the fire;
2) Gas explosion;
Gas explosion, including explosion of gas storages, gas pipelines, machines, apparatuses and other similar devices and equipment using high pressure in operation, including damage to this equipment itself as a result of explosion (if this equipment is insured).
5.1.2. Insurance against natural disasters
The Insurer shall compensate for the damage caused as a result of the death, damage or loss of the insured property as a result of:
1) earthquakes;
An earthquake is understood as a shaking of the ground (seismic tremors) that occurs due to a sudden resolution of stress in the earth's crust. All cases of loss, death or damage to property occurring at any time during 72 consecutive hours and directly caused by a seismic shock are considered as having occurred as a result of a single seismic shock and, within the framework of the Rules, are considered as one insured event.
The beginning of the specified 72-hour period is determined by the decision of the Insurant. If the damage is caused as a result of insured events that occurred within the specified 72 hours, but independently of each other, it is considered that different insured events took place.
An insured event as a result of an earthquake is considered to have occurred when the Insurant proves the presence of at least one of the following conditions:
- buildings or other property damaged or destroyed as a result of shaking of the earth's surface, which, like buildings, are capable of withstanding such shocks, were in perfect condition, i.e. their design, construction and operation took into account the seismological conditions of the area where these buildings and other property are located;
- the loss or damage of the insured property, which is in perfect condition, could only occur as a result of an earthquake.
2) the effects of underground fire;
3) landslide. A landslide is understood as the movement of rock masses on a slope under the influence of the soil's own weight and load, which occurs as a result of soil shear.
4) avalanches (including snow avalanches);
5) flood, floodwaters, lightning, hail, mudslides (a short-term destructive flow overloaded with mud and rock materials that occurs during heavy rainfall or intensive snowmelt in foothill and mountainous areas, in basins of small rivers and ravines with large slopes of the thalweg), ground subsidence, gas release, ice damage, abnormal heavy rainfall, heavy snowfall, blizzards and frost.
Flood in this case means flooding of the place of insurance as a result of:
а) water overflowing from the banks of surface water bodies, which could be predicted based on local conditions (terrain, climate, seasonal fluctuations of water, etc.) characteristic of the place of insurance.
According to the terms of the Rules, it is considered that the outflow of water from the shores can be foreseen if such an event occurs on average more often than once every ten years.
b) atmospheric precipitation.
6) the direct impact of a hurricane (storm), tornado, storm (squall) wind, storm, typhoon on the insured property.
In this case, a hurricane is understood as the movement of air masses caused by weather conditions with a wind force corresponding to 8 points on the Buford scale (wind speed of more than 60 km/h). If it is impossible to determine the wind force for the place where the insured event occurred, then it is considered to correspond to the wind force in a hurricane (storm) if the Insurant proves the presence of at least one of the following conditions:
- the movement of air masses in the place of insurance or its surroundings caused the death or damage of buildings in perfect condition or other property capable of withstanding the corresponding wind force in the same way as buildings;
- the loss or damage to the insured property, which is in perfect condition, could only occur as a result of a hurricane (storm).
5.1.3. Damage by water and/or other liquids
The Insurer compensates for losses caused as a result of loss (destruction), damage to the insured property as a result of:
1) breakdown of water supply, heating, sewerage and fire protection systems, including those that occurred outside the insurance territory.
2) filling with liquid coming from other facilities or premises that do not belong to the Insurant (Beneficiary);
3) increase in the level of groundwater (subsurface) waters. The release of groundwater is a complex process that manifests itself under the influence of man–made and, partially, natural factors, in which, as a result of violation of the water regime and the balance of the territory, an increase in the groundwater level occurs over a calculated period of time, reaching critical values requiring the use of protective measures.
4) melting of snow.
5.1.3.1 These systems include the pipes themselves, installations for water transmission, bows, water sampling points, collectors, etc. Industrial installations connected to such systems belong to the category of consuming equipment and are not elements of the systems themselves.
5.1.4. Insurance against theft and robbery, including subsequent destruction or damage to property
The Insurer shall indemnify the loss caused to the Insurant due to loss, damage or destruction of the insured property as a result of theft, robbery and subsequent destruction or damage of the insured property.
Upon agreement between the Insurant and the Insurer, insurance cover may be provided for the loss, damage or destruction of the insured property as a result of:
1) theft;
2) robbery within the territory of the insurance;
Damage caused to the Insurant as a result of the actions listed in clause 5.4.1 of the Rules is subject to compensation only if these actions are specified in the Contract as insured risks.
5.1.4.1. Theft is understood as the secret theft of insured property solely by:
1) breaking into doors, windows or structural elements of the insured property, using lock picks, forged [2][2]keys or other
2) technical means;
3) breaking into objects used as property storages within the insured premises, or opening them with the help of lock picks, forged keys or other tools.
4) damage to the structural elements of the insured property (walls, floor, ceiling, roof, doors, windows, including glass);
5) the seizure of objects from enclosed spaces, where the intruder had previously entered in the usual way, in which he/she secretly continued to stay until they were closed and when leaving the room used the means specified in subclause 1) of clause 5.4.2. Of the Rules.
5.1.4.2. If, as a result of the actions specified in clause 5.4.2 of the Rules, property was stolen, which is considered insured only if the Insurant fulfills additional security measures, then burglary is recognized only if the intruder took possession of the original key as a result:
1) burglary, if the places used for storing keys are protected against burglary in the same way as the places (vaults) intended for storing insured property;
2) robbery that took place outside the place of insurance.
5.1.4.3. Robbery is understood as the open theft of insured property committed by:
1) the use of violence against the Insurant (Beneficiary) or persons working for the Insurant (Beneficiary) that is not dangerous to life or health in order to suppress their resistance to the seizure of insured property;
2) threats to the life and health of the Insurant (Beneficiary) or persons working for the Insurant (Beneficiary);
3) withdrawals from the Insurant or persons living or working with him during the period when these persons are in a helpless state.
5.1.4.4. The destruction of property is considered an insured event if this event was the result of an intruder entering the insurance territory by one of the methods specified in clause 5.4.2. Of the Rules.
5.1.4.5. In accordance with the terms of the Rules, the insured is considered to be the property specified in the Contract, which was located on the insurance territory at the time of the occurrence of insurance events.
5.1.4.6. When insuring property against theft in accordance with the terms of the Rules, the circumstances affecting the degree of risk are:
1) elimination or replacement of security equipment, storage tanks, etc., with less reliable ones, which were additionally agreed upon at the conclusion of the Contract;
2) repair or re-equipment of insured buildings and premises, installation of scaffolding, lifts, repair or re-equipment of buildings or premises directly adjacent to them;
3) the presence of premises directly adjacent to the insurance territory (top, bottom or side), which are temporarily or permanently not used in the economic activities of the Insurant;
4) exemption for a long period (over 60 days) of premises directly (above, below or to the side) adjacent to the insured premises;
5) termination of the Insured's business activity or its suspension for a long period (over 60 days);
6) loss of keys to the doors of the place of insurance or from special containers for storing insured property and refusal to immediately replace the locks with equivalent ones, if the keys to such locks were lost.
5.1.4.7. In addition to the obligations specified in Section 12-13 of these Rules and in the Contract, the Insurant is obliged to:
1) take all measures to eliminate circumstances that increase the degree of risk, and in the absence of such an opportunity to strengthen existing security measures;
2) close doors, windows and other openings that allow entry into the insurance territory and into special storages after the end of working hours and during a temporary suspension of business activity;
3) ensure the smooth functioning of all security systems or devices that were available at the time of conclusion of the Contract and were additionally installed at the request of the Insurer;
4) ensure the smooth functioning of security systems or devices in those premises of the insurance place that are temporarily not used in the business activities of the Insurant;
5) all changes to security systems or devices available at the conclusion of the Contract, as well as installed at the request of the Insurer, are subject to agreement with the Insurer, and must also be confirmed in writing.
5.1.5. Insurance against illegal actions of third parties - robbery, hooliganism, vandalism.
5.1.5.1. Robbery is understood as an attack for the purpose of theft, combined with violence dangerous to the life or health of the attacked Insurant (Beneficiary) or persons working for the Insurant (Beneficiary), or with the threat of direct use of such violence.
5.1.5.2. Hooliganism is understood as a particularly audacious violation of public order, expressing obvious disrespect for society, accompanied by the use of violence against citizens or the threat of its use, as well as the destruction or damage of other people's property, or the commission of obscene acts characterized by exceptional cynicism.
5.1.5.3. Vandalism refers to the desecration of buildings or other structures with inscriptions or drawings, or other actions that offend public morality, as well as intentional damage to property on transport or in other public places.
5.1.6. Insurance against falling of manned aircraft, trees or other foreign objects, collision, impact of ground vehicles or self-propelled vehicles.
5.1.6.1. The Insurer shall indemnify the loss incurred to the Insurant as a result of the loss, damage or destruction of the insured property as a result of:
1) hitting, collision, impact of ground vehicles or self-propelled vehicles on the insured property.
In this case, a vehicle collision means a direct collision of a vehicle (including one moving along rails) with insured property.
2) falling to the ground of manned flying objects or their parts, trees or other foreign objects;
3) the impact of sound waves produced by aircraft.
5.2. Insurance of civil liability to third parties.
An insured event is the fact that, during the period of validity of the Insurance Contract, the Insurant's civil liability related to the obligation to compensate for harm/damage caused to life, health and (or) property to third parties with the participation of the Exhibitor / Insured in the exhibition event.
5.3. Insurance against other financial losses.
Under this section, the irrevocable expenses of the Exhibitor/Insured (namely: rent for space and services, stand rental, transportation costs, design costs, construction/assembly, installation and dismantling of stands and/or expositions, their equipment and exhibits) within the limits specified in the Contract, incurred as a result of:
1. Cancellation, curtailment (in whole or in part), postponement or relocation of the exhibition event to an alternative location;
2. The inability of the Exhibitor/Insured to open or keep open his exhibition stand or space due to:
a) damage and/or loss of the exhibition property of the Exhibitor/Insured during their stay at the venue of the exhibition event, as well as during transportation to the venue of the exhibition;
b) the absence of an Exhibitor's Employee as a result of death or injury.
5.4. The insurance contract may provide for other insured events.
1. 6. EXCLUSIONS FROM INSURED EVENTS AND LIMITATION OF INSURANCE
6.1. In any case, the damage caused to the property interests of the Insurant (Insured) as a result of the loss, damage of the insured property, as well as any additional costs that occurred as a result thereof shall not be indemnified:
Across all sections:
1) expenses for conducting cases related to the insured event and proving it before authorised bodies (expenses for photocopies, notarisation, expert examination, attorney's fees, representative's fees, interpreter's fees, etc.);
2) expenses for the improvement and modernization of the insured property;
3) mechanical breakdowns or defects of the insured property that existed and/or that the Insurant knew or should have known about at the time of conclusion of the Contract;
4) mechanical failures due to corrosion, erosion or any other prolonged chemical or atmospheric effects of the environment, as well as excessive exposure to dirt, rust, scale, etc.;
5) damage caused as a result of the operation or use of the insured property by unqualified personnel who do not have special access and have not received special training, as well as maintenance and/or repair by persons who are not specially trained for this and do not have special access or in violation of technical specifications and operating rules established by the manufacturer;
6) damage caused as a result of loading, unloading and transportation of insured property;
7) the cost of replacing components and/or consumables, if such components and/or consumables required replacement or were worn out by 70 (seventy) percent at the time of the insured event;
8) any defects and resource depletion associated with wear, aging, loss of strength associated with work processes and related factors (vibration, noise, electromagnetic interference, etc.), if the consequences of such damages and failures are localized inside the insured property;
9) damage to structural elements associated with exposure to normal operating conditions and loads of a cumulative or progressive nature (corrosion, fatigue cracks and delaminations);
10) local damage (dents and nicks) to the engine, exterior cladding elements and other units, if they are not related to a specific registered incident with the insured property and are revealed during inspection after its next arrival;
11) losses from damage and/or loss (destruction) of equipment resulting from its treatment by fire, heat or other thermal effects on it for the purpose of its processing or for other purposes;
12) theft of insured property without traces of burglary or forced entry into the premises where the insured property is located, as well as its disappearance under mysterious (unknown) circumstances;
13) intentional actions of the Insurant or his employees (for individuals – also family members) aimed at causing an insured event, or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;
14) the Insurant commits a crime that is directly causally related to the insured event;
15) inaction or actions of the Insurant or his employees committed in a state of alcoholic, toxic or drug intoxication, as well as in a state in which he/she could not understand the meaning of his/her actions or manage them;
16) effects of nuclear energy in any form;
17) any kind of military actions or military operations/special operations and their consequences, damage or destruction by missiles, shells, bombs, other weapons, means of war and combat operations, piracy, as well as as a result of civil war, popular unrest, uprisings, mutiny, mass riots, acts of terrorism and strikes;
18) internal popular unrest and unrest, revolutions, separation of territories, popular uprising, rebellion, putsch, riot, coup d'etat;
19) strikes, lockouts[3][3];
20) orders of military or civilian authorities, confiscation, requisition, forced nationalization;
21) declaration of a state of emergency or martial law;
22) natural disasters - when declaring an emergency of a natural and/or man-made nature, before the conclusion of the Contract;
23) spontaneous combustion, fermentation, rotting or other natural properties of insured items;
24) collapse of buildings or part of them, if the collapse is not caused by an insured event (as a result of the soaking (dissolving or corroding) action of water or other liquids);
25) errors and miscalculations in the project (design), specifications, production, materials;
26) damage to mechanisms with an internal combustion engine during explosions (detonations) occurring in combustion chambers;
27) damage to property by vacuum or pressure below atmospheric pressure.
6.2. The insurer is exempt from making insurance payments if the insured event occurred as a result (in all sections):
1) gradually acting causes, including, but not limited to, wear, rust, corrosion, mold, fungus, wet or dry rot, oxidation, bacteria, fermentation, spontaneous combustion, gradual deterioration, latent defects, congenital defects, slow-developing deformation or distortion, insect waste, the actions of parasites/microbes of any kind and rodents;
2) roof leaks (unless the roof is damaged during an insured event) or doors, windows or vents left open;
3) the loss or damage of fences, road surfaces and other transport routes;
4) "defects and deficiencies", including subsidence, cracking, compression, expansion or swelling of road surfaces or sidewalks, as well as foundations, walls, load-bearing structures or ceilings of buildings, structures or engineering structures, if these damages were not a direct result of insured events determined by the Contract, as well as "defects and deficiencies" of insured buildings, structures that already existed at the time of conclusion of the Contract, which should have been known to the Insurant or his/her representative offices, his/her employees;
manufacturing defects or the use of substandard materials;
5) "by the action of natural causes", including natural wear of the insured property or the gradual loss of its qualities or useful properties, a change in color, odor, weight of the insured property or its shrinkage, stretching, leakage or evaporation due to natural causes caused by natural factors or specific features of the insured property, expiration date, natural obsolescence of the insured property.
6) "the influence of air temperature", including temperature fluctuations or changes in the humidity level of premises or insured property, including due to natural wear of heating, water supply, sewerage systems, as well as due to malfunctions or improper functioning of equipment designed for heating, air conditioning, cooling or smoke removal, errors in management or insufficient performance of this equipment, including cases of freezing of plumbing, thermal or fire protection systems in vacant or unoccupied premises; the influence of ambient air temperature, which is normal for the insurance territory. The normal temperature for the insurance territory is not lower than the absolute minimum air temperature and not exceeding the absolute maximum air temperature in the insurance territory;
7) damage to the insured property by rodents or insects;
8) cracking, falling, damage or overheating of boilers, economizers, tanks and pipes, nipple leaks and/or defects in boiler seams;
9) "computer crimes and/or loss, damage to electronic data", namely:
а) magnetic or electrical damage to information processing facilities or erasure of electronic records or damage to information on computer media or other means of storing information, programs or software;
б) reducing the functionality, suitability, usability, or availability of data, software, or computer programs;
в) crimes committed using computer technology and/or the Internet and other computer networks, including hacking and the spread of computer viruses.
10) flooding caused by insufficient capacity of sewer (internal and external) systems.
6.3. The following may also be the basis for the Insurer's refusal to make an insurance payment:
(for all sections)
1) informing by the Insurant to the Insurer of deliberately false information about the object of insurance, the insured risk, the insured event and its consequences;
2) deliberate failure by the Insurant to take measures to reduce losses from an insured event;
3) receipt by the Insurant of the appropriate compensation for loss on property insurance from the person responsible for causing the loss;
4) prevention by the Insurant of the Insurer from investigating the circumstances of occurrence of the Insurable Event and establishing the amount of loss caused by it;
5) failure to notify the Insurer of the occurrence of an insured event;
6) the Insurant's refusal to waive his/her right of claim against the person responsible for the occurrence of the Insurable Event, as well as refusal to hand over to the Insurer the documents necessary for the transfer of the right of claim to the Insurer. If the insurance payment has already been made, the Insurer has the right to demand its refund in whole or in part;
7) other cases provided for by legislative acts.
6.4.The insurance does not cover moral damage, damage caused by the dissemination of information discrediting honor, dignity and business reputation (not related to the obligation of the Insurer to observe the secrecy of insurance), losses of the Insurant (Beneficiary) (including fines, penalties, forfeit, court costs, travel expenses, property protection costs, losses related to production downtime, loss of market value/commodity type of property, lost profits)
6.5.The following types of property are not insurable and the insurance cover under the Contract does not apply to claims for insurance benefit:
1) summer houses, bathhouses, saunas (including those located on the internal territory of the insured immovable property;
2) buildings that are not ready for operation (if the construction or repair of the roof, external walls has not been completed, window and door openings have not been completely closed, and scaffolding and fences have not been dismantled) and property located in these buildings.
3) signage, electrical advertising, awnings, shutters, fixed items such as masts, antennas, air conditioners, open electrical wires, billboards, etc.;
4) property located outside the insurance territory;
5) all glass surfaces, including shop windows, exhibition windows, artistically processed glass, laminated insulating glass, armored, lead and brass glass, glass blocks, profile glass, organic glass, glass roofs, as well as frames and profiles used to install these types of glass;
6) machinery and equipment used in construction and installation work, as well as installed equipment and construction facilities.
7) cash in any currency, precious metals and articles made of them, jewelry made of precious stones, precious metals in bars, loose gemstones, stamps, coins, banknotes and bonds, medals, paintings, drawings, sculptures, antiques, collections or other works of art, rare books, furs, objects and products using fur;
8) documents and securities, including stocks, bonds, insurance contracts, savings books, bank checks, etc.;
9) acts, plans, accounting and business books and reports, card files, disks, floppy disks, magnetic films and cassettes and other electronic media of computer and similar systems, magnetic disks, memory blocks and the like and information stored on them;
10) samples, models, layouts, forms, drawings, souvenirs, prototypes and exhibition samples;
11) means of transport, mobile construction, agricultural and other machines, trailers and tractors, the operation of which is impossible without appropriate registration;
12) coin-operated machines, including change machines, as well as machines for dispensing money along with its contents;
13) growing crops, standing forest, lawns, shrubs, other plants and plantings; animals.
14) frame-reed, adobe, railroad tie, wooden houses and structures;
15) goods in circulation (in stock), finished products;
16) equipment used in the extraction and processing of oil and gas, mining equipment, equipment used underground;
17) immovable and movable property located in the immediate vicinity of markets, bazaars;
18) musical instruments of historical value;
19) objects of religious worship;
20) land plots, agricultural lands from the composition of the lands of agricultural organizations, peasant (farmer) farms and field land plots, personal subsidiary farms;
21) movable property stored in the open air, even if it is protected by soft materials (sailcloth, film, inflatable structure or something similar) or contained inside open structures;
22) explosives;
23) property located in an area threatened by landslides, landslides, floods, as well as in a war zone or natural disasters from the moment such a threat was announced in accordance with the established procedure, if such an announcement was made before the conclusion of the Insurance Contract;
24) property located in a zone officially declared by the competent authorities as a natural disaster zone, a war zone;
25) property in an emergency and dilapidated condition, recognized as unsuitable for intended use in accordance with technical inspection acts, as well as recognized in accordance with the established procedure by competent state bodies as unsuitable for permanent, intended use or located in buildings, which in turn are in an emergency condition, recognized in accordance with the established procedure by competent state bodies as unsuitable for permanent use usage/accommodation;
26) personal belongings of the Insurant/Insured and/or employees of the Insurant/Insured;
27) immovable property with a service life exceeding 60 (sixty) years;
other property withdrawn from circulation or restricted in circulation in accordance with the legislation of the Republic of Kazakhstan.
6.6. The insurance does not cover the following liability of the Insurant (under the section "civil liability"):
1) professional liability;
2) liability for the products (goods/services) manufactured by the Insurant;
3) the carrier's liability to passengers;
4) the liability of the vehicle owner;
5) the employer's liability to employees and persons providing services to the Insurant under civil law contracts;
6) liability arising from activities that pose a danger to others (sources of increased danger);
7) liability/contractual obligations;
8) liability arising solely from the status of the Insurant or the nature of the Insurant's activities as an official, director, member of the Management Board holding such an elected or appointed position;
9) liability to the Sub-Exhibitor (the person to whom the Exhibitor has transferred part of the exhibition space to participate in the exhibition event);
6.7. The insurance does not cover any losses directly or indirectly caused by, arising from and/or related to (under the "Additional costs" section):
1) financial losses of the Exhibitor (lost profits);
2) failure of either party to fulfil its contractual obligations;
3) insolvency or default/bankruptcy of the organizer of the Exhibition or the Exhibitor;
4) voluntary decision of the Exhibitor to refuse to participate in the exhibition;
5) changes in the exchange rate, interest rate;
6) the decrees of state bodies, including national mourning;
7) any infectious disease;
8) terrorism, strikes, riots and popular unrest.
6.8. The following events are not covered by insurance (for all sections):
1) occurred as a result of a fire caused by a malfunction or due to a short circuit of wiring, electrical and other equipment;
2) occurred during the period of leasing of the insured property, leasing without written agreement with the Insurer, if the property was leased, leasing after the conclusion of the Insurance Contract;
3) damage caused to property as a result of a defect committed by the manufacturer of the materials used in the construction of the property;
4) the use of construction, reconstruction (installation) of construction, components and consumables that are not specifically specified and not recommended in building codes and standards (BCS);
5) the presence of unfulfilled instructions of regulatory authorities, failure to ensure the safety of insured property, namely: leaving property without proper protection, if this is provided for in the Application Form, failure to bring locking devices and/or devices into working position, as well as the absence of such, the absence of other security measures provided for in the Application Form, as well as failure to bring them into working position;
6) violation by the Insurant, Insured of fire safety requirements established in the Republic of Kazakhstan;
7) misuse of property, as well as its use in violation of the operating instructions and other norms and rules established in the Republic of Kazakhstan, or the use of property for purposes other than those specified in the Insurant's Application Form, as well as the use of property with a technical malfunction, which the Insurant/the Beneficiary knew or should have known;
8) damage caused as a result of any repair, installation, adjustment, reconstruction of tests, settings, maintenance, redevelopment of the insured property.
6.9. The Insurer is exempt from making insurance payments in respect of those losses that arose as a result of the fact that the Insurant (Insured) intentionally did not take reasonable and available measures to reduce possible losses.
6.10. The insurance cover shall not apply to claims that have arisen due to the fact that (under all sections):
1) a circumstance has entered into force that arose before the conclusion of the Contract and could affect the Insurer's decision to accept or not accept the risk for insurance, and which the Insurant knew or should have known about, but did not inform the Insurer;
2) The Insurant did not eliminate circumstances that significantly increase the degree of risk during the period agreed with the Insurer, if the Insurer indicated to him the need for such elimination in accordance with generally accepted norms. In any case, such circumstances include those that caused the loss;
3) The Insurant or persons working/living with him intentionally commit or allow criminally punishable (criminal) acts.
6.11. The insurer is exempt from making insurance payments if the insured event occurred as a result (in all sections):
1) losses directly or indirectly related to any kind of infectious diseases (including corona virus disease 2019 (COVID-19) and any of its mutations or variations);
2) violations of any sanctions law or regulation, as a result of which the Insurer will or may be subject to any fine in accordance with the sanctions law and regulations or restrictions of UN resolutions or trade or economic sanctions, laws or regulations of the European Union, the United Kingdom or the United States and other authorized international organizations;
3) information security violations, loss/leakage of personal data, confidential information and personal data stored on servers, Internet cloud, portable devices, computers, Internet resources, including as a result of cyber attacks, the influence of a computer virus, hacking networks, etc.;
4) exposure to asbestos, asbestos fiber or any products containing asbestos, as well as radioactive isotopes (when applying these Rules to an insurance product).
6.12. Third parties are not:
1) The Insurant, representatives and employees of the Insurant, the Insured, representatives and employees of the Insured;
2) clients/customers of the Insurant, as well as persons who have received harm from the products (goods/services) manufactured by the Insurant, and/or who have contractual relations/obligations with the Insurant.
6.13. Unless otherwise specified in the Contract, insurance cover does not apply to the loss, damage or destruction of insured property (including electrical wiring) as a result of exposure to electric current with or without fire (for example, current and voltage fluctuations in the electrical network; insulation failure, including short circuit, short circuit in the winding, short circuit to the housing or to the ground; insufficient contact; failure of measuring, regulating and safety devices).
6.14. According to the Contract drawn up in accordance with the terms of the Rules, damage caused to the property interests of the Insurant as a result of the followings is not subject to compensation:
1) loss, damage or loss of insured property due to exposure to purposeful useful (working) fire or heat necessary for melting, heat treatment of roasting, cooking, smoking, drying and other similar purposes, outside installations using fire or heat;
2) loss, damage or destruction of insured property, with the help of which or in which a fire (heat) is specially created and/or which is specially designed for its generation, maintenance, distribution, transmission, except in cases where the impact was caused by an insured event;
3) loss, damage or destruction of insured property as a result of exposure to high temperatures (overheating, scorching, etc.), except in cases where such exposure was caused by the occurrence of events (insured risks) specified in the Contract;
4) damage to electrical switches as a result of gas pressure, except in cases where such an impact was caused by the occurrence of events (insured risks) specified in the Contract;
5) loss or damage to the insured electrical equipment (including electrical wiring) as a result of a lightning strike, except in cases where lightning struck directly into the insured electrical equipment;
If a fire or explosion occurred as a result of a lightning strike, then the damage caused to the Insurant as a result of death or damage to the insured property is subject to compensation in accordance with the terms of the Contract.
6) prolonged targeted exposure to smoke.
6.15. The Insurer does not reimburse the damage caused to the Insurant as a result of the loss, damage or destruction of the insured property, and expenses incurred as a result (according to the division of property):
1) intentional actions of the Insurant/Insured/The beneficiary or their employees;
2) robbery during transportation to or from the place of insurance.
6.16. The Insurer shall not indemnify for damage caused to the Insurant as a result of:
1) the collision of a vehicle operated by the Insurant, the user of the insured building or their employees (for individuals – also family members);
2) loss or damage to vehicles;
3) natural depreciation accrual (amortisation).
2. 7. REIMBURSEMENT OF EXPENSES AIMED AT REDUCING LOSSES FROM AN INSURED EVENT
7.1. Under a Contract concluded in accordance with the Rules, necessary and reasonable expenses aimed at preventing or reducing damage as a result of an insured event are reimbursed, even if they did not lead to the desired result.
3. 8. THE PROCEDURE FOR CONCLUDING A CONTRACT
· 8.1. The Contract is concluded on the basis of an application from the Insurant, completed in writing or electronically. The Insurant is obliged to provide answers to all the questions posed to him in the application in order to determine the degree of risk in relation to the insured property. The Insurant's Application is an integral part of the Contract and is stored by the Insurer in electronic form or on paper. If the Insurant specifies false information in the application, the Insurer has the right to refuse the insurance payment to the Insurant upon the occurrence of an insured event. When filling out the application, the Insurant is obliged to inform the Insurer of all circumstances known to him that are essential for assessing the insurance risk.
8.2. In order to conclude a Contract, the Insurer may require additional documents characterizing the degree of insurance risk.
· 8.3. The Insurer has the right to refuse to conclude a Contract with the Insurant without explaining the reasons.
· 8.4. The conclusion of the Contract is carried out in accordance with clauses 1.3. and 1.4. of these Rules.
· If the Contract is concluded in the absence of answers from the Insurant to any questions from the Insurer, the latter cannot subsequently demand the termination of the Contract or its invalidation on the grounds that the relevant circumstances have not been communicated by the Insurant.
· 8.8. By paying the insurance premium, the Insurant confirms his/her consent and authorizes the Company to collect and process his/her personal data in accordance with the Law of the Republic of Kazakhstan No. 94-V "On Personal Data and their Protection".
· If necessary, the Insurant undertakes to provide all necessary documents requested by the Insurer in order to comply with the requirements of the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and the financing of terrorism.
· By paying the insurance premium, the Insurant confirms that the operation carried out by him/her is not related to the legalization (laundering) of proceeds from crime and the financing of terrorist activities, the proliferation of weapons of mass destruction and its financing.
4. 9. THE TERM AND PLACE OF VALIDITY OF THE CONTRACT.
9.1. The Contract enters into force and becomes binding on the parties from the date specified in the Contract.
9.2. The validity period of the concluded Contract corresponds to the insurance period specified in it, unless otherwise agreed by the Insurer and the Insurant.
9.3. The term of insurance cover coincides with the term of validity of the Contract.
The period of validity of the insurance cover is the period specified in the Contract. The Insurer's liability begins with the onset of the agreed period, but not earlier than the start date of the insurance coverage period specified in the Contract, including in cases where the Insurant pays the insurance premium immediately, although the payment requirement is issued later.
9.4. The term of the Contract and insurance coverage is determined by each individual Contract.
9.5. The period of validity of the insurance coverage ends on the date specified in the Contract.
The insurance territory and jurisdiction coincide with the location of the insured property (the territory of the exhibition event), unless otherwise follows from the nature of the object of insurance or is not provided for in the Contract.
9.6. The location of the property is the buildings, premises and land plots where the insured property is located. The address of the territorial limits are indicated in the Contract.
9.7. Unless otherwise provided in the Contract, movable property is considered insured only if it is located within the territory of insurance.
9.8. Unless otherwise stipulated in the Contract, the Contract shall terminate at 24 hours of the date specified in the Contract as the Contract termination day or upon termination of the exhibition event and departure of the insured property from the venue of the exhibition event (whichever occurs earlier), or upon the Insurer making the insurance payment(s) in the amount of the sum insured under the Contract.
6. 10. THE PROCEDURE FOR DETERMINING THE SUM INSURED. Franchise
10.1. The sum insured is the amount of money for which the insured object is insured and which represents the maximum amount of liability of the Insurer upon the occurrence of an insured event. Under the section of property insurance, if the sum insured specified in the Contract is higher than the actual value of the insured property, the insurance in the part of the amount of excess of the sum insured over the actual value is invalid.
10.2. If there are several insured events, the deductible is taken into account when calculating the insurance benefit for each event.
10.3. The type and amount of the deductible is established by agreement between the Insurant and the Insurer and is specified in the Contract.
11. INSURANCE PREMIUM, THE PROCEDURE FOR DETERMINING AND PAYING IT
11.1. The Insurance premium is payable by the Insurant in a lump sum in non-cash form.
11.2. Unless otherwise stipulated in the Contract, the Insurant is obliged to pay the insurance premium at the time of conclusion of the Contract.
11.3. When determining the amount of the insurance premium to be paid, the Insurer uses tariffs established by the Standard Programs of the Insurer or individual consideration of insurance conditions (individual underwriting).
11.4. Insurance premiums are paid in the national currency of the Republic of Kazakhstan – tenge.
12. RIGHTS AND OBLIGATIONS OF THE PARTIES
12.1. Obligations of the Insurer:
1) to familiarize the insurant with the Insurance Rules and, upon his request, to submit (send) a copy;
2) to ensure the secrecy of insurance;
3) to make an insurance payment to the Beneficiary in the amount, in the manner and within the time limits established by the Contract and these Rules, or to send to the Insurant and the Beneficiary a written reasoned refusal to make an insurance payment in accordance with the terms of the Contract and these Rules;
4) in case of failure by the Insurant (Insured) or the victim (Beneficiary) or their representative to submit the documents provided for in Section 14 of these Rules, notify him of the missing and (or) incorrectly executed documents within 14 calendar days from the date of submission of the last document;
5) to reimburse the Insurant (Insured) for reasonable and expedient expenses incurred by him to reduce losses in the event of an insured event;
6) perform other actions provided for by these Rules, the Contract or the current legislation of the Republic of Kazakhstan.
12.2. The Insurer has the right to:
1) upon conclusion of the Contract to inspect the property to be insured and, if necessary, to appoint an expert examination in order to establish its actual value;
2) check the information and documents provided by the Insurant, as well as the Insurant's compliance with the requirements and conditions of the Contract and these Rules;
3) participate in the inspection of damaged property, finding out the causes and amount of the loss;
4) upon receipt of notification of the circumstances entailing an increase in the insurance risk, to request changes in the terms of the Contract by terminating it and issuing a new one;
5) demand termination of the Contract if the Insurant fails to comply with the obligation to inform the Insurer of significant changes in the circumstances that became known to him, communicated to the Insurer at the conclusion of the Contract, if these changes may significantly affect the increase in insurance risk, or if the Insurant objects to changes in the terms of the Contract;
6) independently find out the causes and circumstances of an event that has signs of an insured event, including requesting from the relevant state bodies and organizations, based on their competence, documents confirming the occurrence of an insured event and the amount of damage caused;
7) demand from the Insurant the information necessary to establish the fact of an insured event, the circumstances of its occurrence;
8) refuse to make insurance payments in whole or in part on the grounds provided for in the Contract and these Rules;
9) early termination of the Contract in case of violation by the Insurant or the Insured of the terms of the Contract and these Rules;
10) suspend the insurance payment for a period of up to 30 (thirty) calendar days upon establishment (identification) of signs of unfair behavior of the Insurant in accordance with the Law of the Republic of Kazakhstan "On Insurance Activity" with notification of suspension of insurance payment to the insurant (beneficiary), indicating that an appropriate check is carried out no later than the day following the day of suspension;
11) perform other actions that do not contradict these Rules, the Contract and the legislation of the Republic of Kazakhstan.
12.3. Obligations of the Insurant:
1) at the conclusion of the Contract, inform the Insurer of all circumstances known to him that are essential for assessing the insurance risk and making a decision by the Insurer to conclude the Contract;
2) familiarize the Insured and the Beneficiary with the terms of insurance;
3) pay the insurance premium in the amount, procedure and terms established by the Contract;
4) comply with the terms of insurance (violation of the terms of the Contract and these Rules by the Insured is regarded as a violation of the terms of the Contract and these Rules by the Insurant himself);
5) comply with all fire safety measures, including the instructions of the fire protection authorities, as well as eliminate violations of fire safety rules within the time limits established by the authorized body;
6) take all possible and appropriate measures to prevent or reduce losses from an insured event;
7) upon registration and during the validity period of the Contract, inform the Insurer about all existing/concluded insurance contracts for similar risks in relation to this insurance object;
8) inform the Insurer about the state of the insurance risk;
9) immediately, but no later than 3 (three) business days, inform the Insurer of significant changes in the circumstances that have become known to him, reported to the Insurer at the conclusion of the Contract, if these changes may significantly affect the increase in insurance risk;
10) if the degree of risk increases, notify the Insurer about this and reissue the Policy or amend the Contract by drawing up an additional agreement;
11) ensure the transfer to the Insurer of the right of claim in the order of subrogation to the person responsible for the occurrence of the insured event;
12) immediately notify the Insurer or its representative of the occurrence of an insured event. If the Insurant is not Insured, such an obligation lies with the Insured;
13) perform other actions provided for by these Rules, the Contract and the legislation of the Republic of Kazakhstan.
12.4. The Insurant has the right to:
1) demand from the Insurer an explanation of the terms of insurance, their rights and obligations under the Contract;
2) receive the insurance payment in the manner and on the terms provided for in the Contract and these Rules, if the Insurant is the Beneficiary under the Contract;
3) challenge, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, the refusal of the Insurer to make an insurance payment or reduce its amount;
4) terminate the Contract early in accordance with these Rules and the legislation of the Republic of Kazakhstan;
5) perform other actions that do not contradict these Rules, the Contract and the legislation of the Republic of Kazakhstan.
12.5. The beneficiary has the right to:
1) demand from the Insurer an explanation of the terms of insurance, their rights and obligations under the Contract;
2) submit a claim for insurance payment to the Insurer;
3) upon the occurrence of an insured event, receive an insurance payment in accordance with the procedure and conditions provided for in the Contract and these Rules;
4) challenge, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, the refusal of the Insurer to make an insurance payment or reduce its amount;
5) notify the Insurer of the occurrence of an insured event in all circumstances, regardless of whether the Insurant or the Insured has done so or not;
6) perform other actions that do not contradict the Contract, these Rules and the legislation of the Republic of Kazakhstan.
12.6. The rights and obligations of the parties provided for in this section are not exhaustive. The Parties have the rights and obligations provided for in other clauses or conditions of the Contract, the Rules and the legislation of the Republic of Kazakhstan.
13. ACTIONS OF THE INSURANT (INSURED) UPON THE OCCURRENCE OF AN INSURED EVENT
13.1. The Insurant (Insured), upon the occurrence of an event that has the signs of an insured event and/or the consequence of which may be the occurrence of an insured event, as well as after he/she became/should have become aware of the occurrence of an insured event, is obliged:
1) to take reasonable and available measures in the circumstances to prevent or reduce possible losses, including measures to save and preserve property;
2) to immediately report the incident to the competent authorities, ensure that the event is documented by authorized state and other competent authorities and notify the Insurer or its authorized representative/average commissioner;
3) to immediately, but in any case no later than 3 (three) business days, provide a written statement of the insured event to the Insurer or its authorized representative, as well as inform him of all known information about the circumstances of the event, the types and expected amounts of damage caused, and coordinate further actions with the insurer. If the Contract provides for a different period and (or) method of notification, it must be made at the agreed time and in the manner specified in the Contract;
4) to preserve the damaged property (if this does not contradict the interests of safety or does not lead to an increase in damage) until it is inspected by a representative of the Insurer in the form in which it appeared at the time of its damage/destruction;
5) to enable the Insurer's representative to inspect the damaged property without hindrance, participate in loss mitigation and property salvage activities;
6) to assist the representative of the Insurer in clarifying the causes and circumstances of the insured event, including providing the Insurer with all information and documentation available to him, allowing him to judge the causes, course and consequences of the insured event, the nature and extent of the damage caused;
7) not to pay compensation, not to partially or fully recognize the claims made to him in connection with the occurrence of an event, as well as not to assume any direct or indirect obligations to regulate such claims without the consent of the Insurer;
8) not to act against the interests of the Insurer, as well as not to accept any obligations, not to acknowledge liability, not to accept any offers, not to make payments and not to promise to make any payments related to this event, without the written consent of the Insurer;
9) if the Insurer deems it necessary to appoint its representative to protect the interests of both the Insurer and the Insurant in connection with the occurrence of an insured event, issue a power of attorney or other necessary documents to protect such interests to the persons indicated by the Insurer. The Insurer has the right, but is not obliged to represent the interests of the Insurant in court or otherwise provide legal protection to the Insurant in connection with the occurrence of an insured event;
10) to bear the burden of proving the occurrence of an insured event, as well as the losses caused by it, including payment for the examination, the departure of experts to the scene of the accident, the involvement and consultation of specialists, the collection of necessary documents, etc.;
11) to transfer to the Insurer all documents and evidence and inform him of all the information necessary for the Insurer to exercise the right of recourse against the person responsible for the damage caused;
12) perform other actions provided for by these Rules, the Contract and the legislation of the Republic of Kazakhstan.
13.2. If the Insurant does not fulfill the obligations specified in clause 13.1. of these Rules, the Insurer has the right to refuse to indemnify for damage. If the lost (stolen) property was not reported or was not promptly reported to the competent authorities, the Insurer is relieved of the obligation to make insurance payments only in the part concerning this property.
13.3. The insurer and its representatives have the right to participate in the rescue and preservation of the insured property, taking and indicating the necessary measures for this, however, these actions of the insurer or its representatives cannot be considered as recognition of its obligation to make insurance payments. If the Insurant prevents this, the insurance benefit is reduced to the extent that this has led to an increase in the loss.
13.4. If the Insurant is not Insured, the obligation to notify the Insurer of the occurrence of an insured event and take reasonable and available measures in the circumstances to prevent or reduce possible losses, including measures to save and preserve the insured property, lies with the Insured, the Beneficiary, for the latter, regardless of whether the Insurant or the Insured has done so or not.
13.5. Failure to notify the insurer within the stipulated period of the occurrence of an insured event gives him the right to refuse insurance payment.
14. DOCUMENTS REQUIRED FOR MAKING A DECISION ON THE INSURANCE PAYMENT
14.1. In order for the Insurer to make a decision on the insurance payment for property insurance, the Insurant (Beneficiary) is obliged to provide the following documents to the Insurer:
1) a statement on the occurrence of an event with signs of an insured event;
2) documents confirming the right to own, use and/or dispose of property;
3) documents of the competent authorities confirming the occurrence of an insured event, the causes of its occurrence and the amount of losses caused by it, including:
a) acts, conclusions, and other documents of fire and law enforcement agencies, hydrometeorological services, emergency services, departments of the Emergency Situations Agency, state commissions, etc. organizations, indicating the calendar date, the cause and circumstances of the damage and the persons responsible for causing the damage (if any);
b) documents of the prosecutor's office, investigation, inquiry, judicial authorities, fire supervision authorities (resolutions on the movement of a criminal case (on initiation, refusal to initiate, suspension, termination), protocol of inspection of the scene, resolutions on involvement as an accused, court verdict);
c) an act of expert assessment to determine the amount of damage caused to property, conducted by an independent expert recommended by the Insurer;
d) documents of other competent authorities carrying out the investigation, classification and accounting of events considered in the Contract as insured events, or confirming the occurrence of an insured event and the amount of damage caused.
14.2. In order for the Insurer to make a decision on the insurance payment for civil liability insurance, the Insurant (Beneficiary) is obliged to provide the Insurer, in addition to the documents mentioned above in clause 14.1. of these Rules, also the following documents:
1) documents confirming the damage caused to the victim (a list of lost and/or damaged property compiled by the Insurant (Insured, Beneficiary), indicating the degree of damage; consignment notes and receipts, acts of acceptance of work, calculations, estimates for repair and restoration work; conclusions of independent expert (evaluation) organizations accredited by the authorized body, recommended By the Insurer; other documents confirming the amount of damage caused);
2) copies of the victim's claims for damages, a copy of the Insurant's correspondence with the victim related to the damage;
3) a court decision that has entered into force recognizing the fact of the occurrence of civil liability of the Insurant for compensation for damage caused to the victim and/or copies of claim documents - if the dispute was resolved in court;
4) documents required to receive insurance benefits: identity documents - for an individual, certificate of state registration of a legal entity (branch) – for a legal entity, bank details of the Beneficiary, the original power of attorney of the Beneficiary's representative to receive insurance benefits;
5) documents confirming the beneficiary's right to receive insurance benefits, including a notarized copy of the certificate of inheritance rights;
6) in case of harm to life/health:
a) copies of the victim's identity documents;
b) copies of the conclusion of the relevant medical institution indicating the nature of the damage caused to the Insurant, diagnosis, period of incapacity for work;
c) copies of the conclusion of the authorized medical body on the establishment of disability;
d) copies of the conclusion of the medical institution stating the death of the Insurant, indicating the cause of death; a notarized copy of the death certificate;
e) copies of invoices (fiscal, sales receipts, payment receipts, etc.) from pharmacies and medical institutions confirming the purchase of medicines, procedures, doctors' appointments, indicating the name of each drug, procedure, admission, their quantity and cost; as well as the appointment of the attending physician to receive medicines, procedures, doctor's appointments for which the invoices were issued;
f) copies of invoices (invoices, work orders, fiscal and sales receipts, payment receipts, etc.) confirming the amount of damage caused to the victims and the fact of payment of expenses incurred - when reimbursing funeral expenses.
14.3. In order for the Insurer to make a decision on insurance payment for insurance of additional expenses, the Insurant (Beneficiary) is obliged to provide the Insurer, in addition to the documents mentioned in clause 14.1. of these Rules, also documents confirming the fact of incurring additional costs and losses specified in clause 2.3.4. of these Rules.
14.4. The procedure and form of preparation of the submitted documents must comply with the legislation of the Republic of Kazakhstan, if this is provided for. Unless otherwise provided in the Contract, the documents are provided to the Insurer in the original or in the form of a copy notarized or certified by the original seal and signed by an authorized person of the competent organization.
14.5. In order to obtain more complete information about the event, the Insurer has the right to request information from competent authorities (internal affairs bodies, fire supervision, emergency technical services, emergency services of the gas network), enterprises, institutions and organizations with information about the circumstances of the event, as well as independently find out the causes and circumstances of its occurrence.
14.6. If necessary, work on determining the causes of the event and the amount of loss on behalf of the Insurer can be carried out by independent experts, appraisers recommended by the Insurer, average commissioners, etc.
15. THE PROCEDURE AND CONDITIONS FOR MAKING INSURANCE PAYMENTS
The procedure for making insurance payments under the Property section:
15.1. After receiving a written statement from the Insurant about the occurrence of an event with signs of an insured event, as well as after providing all the documents necessary for insurance payment, the Insurer performs the following actions:
a) establishes the fact of the occurrence of an event that has signs of an insured event; verifies the compliance of the information provided in the Insurant's statement; verifies the interest of the Insurant (Insured, Beneficiary) in preserving the insured property; determines the need to involve experts, average commissioners, performs other actions;
b) when an event is recognized as an insured event, determines the amount of the insurance payment and draws up an act on the insured event.
15.2. Insurance benefit shall be paid by the Insurer to the Beneficiary within the limits of the Sum Insured. The insurance payment may not exceed the amount of the actual damage incurred by the Insurant (Insured) as a result of the occurrence of an insured event.
In case of theft of movable property, the insurance payment is made in the amount of the actual value of the property on the date of the insured event within the sum insured.
15.3. Unless otherwise specified in the Contract, the insurance payment is made for each insured object, taking into account the deductible (unconditional) and the sum insured determined by the Contract.
15.4. If the sum insured is less than the actual value of the property on the date of conclusion of the Contract, the insurance payment is made in proportion to the ratio of the sum insured to the actual value of the property on the date of conclusion of the Contract. If the sum insured exceeds the actual value of the property on the date of registration of the Contract, the insurance is invalid in the part exceeding the actual value of the property on the date of conclusion of the Contract. The fact of non-compliance of the sum insured with the actual value of the property may be established by the Insurer upon the occurrence of an insured event.
15.5. The amount of damage is determined by the Insurer on the basis of documents submitted by the Insurant (Beneficiary) and/or by an independent expert with an appropriate license, recommended by the Insurer and accredited by an Authorized Body.
15.6. The amount of damage is determined based on the calculation of the cost of restoring damaged property minus the accrued amortisation (depreciation) of property that took place before the insured event.
15.7. In case of complete loss of property (destruction of property, in which an independent expert with an appropriate license will determine the inexpediency of restoration repairs; as well as the cost of restoration repairs will amount to more than 70% of the actual value of the property on the date of the insured event), the Insurer has the right to pay the Insurant:
1) the actual value of the damaged property at the time of the insured event, minus the value of the remnants suitable for further use;
2) the actual value of the damaged property at the time of the insured event, provided that the Insurant transfers to the Insurer the remnants suitable for further use. All expenses related to the transfer of ownership and/or property/salvage materials are not covered by insurance.
3) The procedure for making insurance payments provided for in clause 15.7. of these Rules cannot be applied if the sum insured is less than the actual value of the property on the date of conclusion of the Contract.
15.8. The insurance payment is made after deducting the amounts received as compensation for this damage from third parties.
15.9. If the Insurant (Insured, Beneficiary) has received compensation from the person responsible for the damage caused, the Insurer shall make an insurance payment in the amount of the difference between the amount of the actual damage caused and the compensation received from the specified person, provided that the amount of the insurance payment calculated in accordance with this clause does not exceed the amount of the deductible provided for in the Contract.
15.10. If, after making an insurance payment, the Insurant (Insured or Beneficiary) has received compensation from the person responsible for the damage caused, he is entitled only to a part of the insurance payment calculated in accordance with the paragraphs of these Rules, in connection with which, the insurer has the right to demand a refund of the excess amount of the insurance payment paid, and the Insurant (Insured, Beneficiary) The person who has received compensation from the person responsible for the damage caused is obliged to refund the excess amount to the insurer.
15.11. If the damage does not exceed the amount of the unconditional deductible, the Insurer is exempt from making insurance payments. If the damage exceeds the amount of the unconditional deductible, then when determining the amount of the insurance payment, the deductible is deducted from the amount of damage.
15.12. If the Sum Insured is less than the actual value of the insured immovable property at the moment of conclusion of the Contract (underinsurance), the amount of the Insurance Indemnity shall be calculated according to the following formula (unless the Insurance Contract provides otherwise):
IP – Insurance payment;
Damage – The amount of damage;
SI – Sum Insured;
AV – Actual value of the insured property at the time of conclusion of the Insurance Contract.
15.13. In case of disputes between the Parties about the causes and amount of damage, each of the Parties has the right to use the services of independent experts and/or specialists. The services of experts and/or specialists are paid for by the inviting Party.
15.14. The Insurer has the right to the property or its remnants in case of making an insurance payment in the amount of the market value of this property on the day of the insured event.
15.15. The Insurant does not have the right to give up the property remaining after the insured event, although damaged.
15.16. The Insurer may replace the insurance payment with compensation for damage in kind within the amount of the insurance payment.
15.17. In case of double property insurance (insurance of the same insurance object with several insurers under independent Contracts with each), each insurer is liable to the Insurant within the limits of the Contract concluded with him, however, the total amount of insurance payments received by the Insurant from all insurers cannot exceed the actual damage.
15.18. Expenses incurred by the Insurant (Insured) in order to prevent or reduce losses shall be reimbursed by the insurer if such expenses were necessary or were incurred to comply with the instructions of the insurer, even if the appropriate measures were unsuccessful.
15.19. Such expenses are reimbursed in actual amounts, however, so that the total amount of insurance payment and compensation for expenses does not exceed the sum insured (limit of liability) provided for in the Contract. If the expenses have been incurred as a result of the Insurant's (Insured's) fulfilment of the Insurer's instructions, they shall be indemnified in the full amount, irrespective of the Sum Insured.
15.20. The Insurer is exempt from making insurance payments in respect of those losses that arose as a result of the fact that the Insurant (Insured) intentionally did not take reasonable and available measures to reduce possible losses.
The procedure for making insurance payments under the civil liability section:
15.21. Conditions of insurance payment in case of harm to life/health (in case of civil liability insurance):
1) Insurance indemnity for damage caused to the life/health of victims shall be paid in the amount of real damage, but not more than the sum insured;
2) The harm caused to the life and health of the victim includes the material expression of the harm associated with temporary loss of working capacity and/or establishment of disability and/or death;
3) The insurance indemnity period for temporary incapacity for work starts from the 10th (tenth) day of temporary incapacity for work, but not more than 60 (sixty) days.
The indemnity period in case of disability is 12 months from the date of occurrence of the insured event;
4) The amount of damage caused to the life and health of the victim is determined in accordance with the civil legislation of the Republic of Kazakhstan and the documents submitted in accordance with this Contract.
15.22. In case of insurance of additional expenses, the insurance payment is made in the amount of the actually incurred (documented) expenses, but not more than the sum insured under the civil liability section established by the Contract.
15.23. The insurance payment is not carried out if the Insurant (Insured or beneficiary) has not submitted the documents specified in section 14 of these Rules, or has provided deliberately false information regarding the circumstances of the occurrence of damage and its amount.
15.24. The insurer, after receiving all the necessary documents for making a decision, makes an insurance payment within 10 (ten) business days or sends a written reasoned refusal.
15.25. The Insurer is responsible for late payment of insurance payments in accordance with Article 353 of the Civil Code of the Republic of Kazakhstan.
15.26. The procedure for making insurance payments under the Additional expenses section:According to the section Additional expenses of the Exhibitor/Insured, the Insurer reimburses the expenses of the Insurant/Insured that he incurred in order to participate in the exhibition event and which did not take place/ was canceled due to reasons beyond the control of the Insurant/Insured/Beneficiary events, such as insured events specified in the "Property" section
16.1. To the Insurer who made the payment, the right of claim, which the Insurant has against the person responsible for the losses compensated as a result of insurance, passes within the amount paid.
16.2. Upon receipt of the insurance benefit, the Insurant (Beneficiary) shall be obliged to hand over all documents and evidence to the Insurer and inform the Insurer of all information necessary for the Insurer to exercise the right of claim that has passed to it.
16.3. If the Insurant (Beneficiary) has waived his/her right to claim against the person responsible for the losses compensated by the Insurer, or the exercise of this right has become impossible due to the fault of the Insurant (Beneficiary), the Insurer is exempt from making insurance payments in full or in the appropriate part and has the right to demand a refund of the overpaid amount.
17.1. Amendments and additions to the Policy are made with the written consent of the Insurant (Insured) by terminating it and issuing a new Policy, while the Insurer offsets the amount for the unexpired term of the terminated Policy against the new Policy.
17.2. When making changes to a Contract concluded on paper, the changes are made by drawing up an additional agreement signed by the Parties. Changes are made on the basis of an application (notification) from one of the Parties.
18.1. Early termination of the Contract.
In addition to the general grounds for termination of obligations provided for by the Civil Code of the Republic of Kazakhstan, the Contract is terminated prematurely in the following cases:
1) when the insurance object ceased to exist;
2) death of the Insured, who is not the Insurant, when his/her replacement has not occurred (clause 8 of Article 815 of the Civil Code of the Republic of Kazakhstan);
3) alienation by the Insurant of the property insurance object, if the Insurer objects to the replacement of the Insurant, and the Contract or legislative acts of the Republic of Kazakhstan do not establish otherwise (clause 1 of Article 836 of the Civil Code of the Republic of Kazakhstan);
4) when the possibility of an insured event has disappeared and the existence of the insured risk has ceased due to circumstances other than the insured event;
5) the entry into force of the court decision on the compulsory liquidation of the Insurer, except in cases provided for by the Law of the Republic of Kazakhstan "On Insurance Activities";
6) in cases provided for by the Law of the Republic of Kazakhstan "On Insurance activities";
7) when making changes to the Policy (in the case when the conclusion of the Contract was carried out by issuing a Policy)
18.1.1. In these cases, the Contract is considered terminated from the moment of occurrence of the circumstance provided as the basis for termination of the Contract, about which the interested party must immediately notify the other. The Insurant is obliged to provide supporting documents on the grounds of termination provided for in this paragraph.
18.1.2. The Insurant has the right to cancel the Contract at any time, unless otherwise provided by the laws of the Republic of Kazakhstan and the insurance contract.
18.2. Consequences of early termination of the Contract:
18.2.1. In case of early termination of the Contract due to the circumstances provided for in subclause 1)-6) of clause 18.1. of these Rules, the Insurer returns to the Insurant the insurance premium paid by him for the non-expired period of the Contract, minus the costs incurred for conducting the case, which amount to 35% of the total amount of the insurance premium, as well as minus the insurance payments made under the Contract. The refund of insurance premiums (contributions) upon liquidation of the insurer is carried out in accordance with the order of satisfaction of creditors' claims established by the legislation of the Republic of Kazakhstan on insurance and insurance activities. In case of early termination of the Contract due to the circumstances provided for in clause 7) of subclause 18.1. of these Rules, termination occurs in accordance with clause 17.1. of the Contract.
18.2.2. If the Insurant withdraws from the Contract (clause 2 of Article 841 of the Civil Code of the Republic of Kazakhstan), unless this is due to the circumstances specified in clause 18.1. and 18.6 of these Rules, the insurance premium or insurance premiums paid to the insurer are not refundable, unless otherwise provided by the Contract.
18.2.3. In cases where the early termination of the Contract is caused by non-fulfillment of its terms due to the fault of the Insurer, the latter is obliged to return to the Insurant the insurance premium paid by him or the insurance premiums in full.
18.2.4. In cases when the early termination of the Contract is caused by non-fulfillment/ improper fulfillment of its terms due to the fault of the Insurant, the insurance premium or insurance premiums paid to the Insurer are non-refundable.
18.3. In addition to the grounds for termination of obligations provided for in clauses 18.1. and 18.2. of these Rules, as well as the grounds for early termination of the Contract provided for by the legislation of the Republic of Kazakhstan, the Contract is terminated prematurely in the following cases:
1) the Insurer makes an insurance payment (insurance payments) in the amount of the sum insured under the Contract or makes an insurance payment for the risk of complete loss of property or theft of all movable property;
2) the Insurant's failure to comply with the obligation to inform the Insurer of significant changes in the circumstances that have become known to him, communicated to the Insurer at the conclusion of the Contract, if these changes may significantly affect the increase in insurance risk, or if the Insurant objects to changes in the terms of the Contract or the additional payment of the insurance premium commensurate with the increase in the degree of risk;
3) termination of the Contract at the request of the Insurant or the Insurer, as well as by agreement of the Parties.
18.4. The contract concluded in accordance with clause 1.3 of the Rules is considered terminated from the date indicated in the application for its termination or reissue (due to changes). The contract concluded in accordance with clause 1.4 of the Rules is considered terminated from the date of signing by the Parties of the agreement on termination of the Contract. At the same time, the initiating Party is obliged to notify the other Party of the intention to terminate the Contract at least 15 (fifteen) working days before the expected date of termination of the Contract, except for the cases specified in subclauses 1)-7) of clause 18.1 of the Rules, where termination occurs in accordance with clause 18.1.1. Of the Rules.
18.5. In case of refusal of the Individual Insurant from the Contract, within 14 (fourteen) calendar days from the date of its conclusion, the Insurer is obliged to return to the Individual Insurant the insurance premium (insurance premiums) received minus part of the insurance premium (insurance premiums) in proportion to the time during which the insurance was valid and the costs associated with with the termination of the Contract, which amount to 10% of the received insurance premium (insurance premiums).
19. LIABILITY OF THE PARTIES AND FORCE MAJEURE CIRCUMSTANCES
19.1. A Party that has not fulfilled or improperly fulfilled its obligations under the Contract shall not be liable for non–fulfillment/improper fulfillment of obligations if it proves that proper fulfillment was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under these conditions (hereinafter referred to as Force Majeure).
19.2. Force majeure circumstances include, but are not limited to: floods, fires, earthquakes and other natural disasters, wars or military actions of any nature, blockades, bans by government agencies.
19.3. The Party experiencing force majeure is obliged to notify the other Party of the occurrence of such circumstances within 3 (three) business days, unless these circumstances are generally known.
19.4. The effect of force majeure circumstances must be confirmed by the relevant documents of the competent authorities.
20. DISPUTE RESOLUTION PROCEDURE
20.1. Any disputes and/or disagreements arising out of or in connection with the Contract are resolved through negotiations.
20.2. In case of failure to reach an agreement by the parties, disputes and/or disagreements shall be settled in accordance with the procedure provided for by the current legislation of the Republic of Kazakhstan in court at the location of the head office of the Insurer.
21.1. Everything that is not stipulated by the Rules is regulated in accordance with the legislation of the Republic of Kazakhstan.
21.2. In case of contradictions between the Contract and the Insurance Rules, the provisions of the Contract shall apply.
21.3. With his signature, the Insurant confirms his consent, as well as the consent of the Insured (Beneficiary, managers of the Insurant, final beneficiary and other persons specified in the Contract) to the collection, processing, storage and transfer by the Insurer or a third party of personal data of the Insurant, Insured (Beneficiary) in accordance with the Law of the Republic of Kazakhstan No. 94-V "On personal data and their protection", including consent:
1) for the Insurer to receive data from the State Credit Bureau Joint Stock Company (hereinafter referred to as the Bureau);
2) to provide the owners of the state databases of the Bureau with information about the Insurant (the Insured, the Beneficiary, the managers of the Insurant, the final beneficiary and other persons specified in the Contract) directly or through third parties;
3) for the provision by a legal entity that, by decision of the Government of the Republic of Kazakhstan, carries out activities for the provision of public services in accordance with the legislation of the Republic of Kazakhstan, available and future information about the Insurant, the Insured (Beneficiary, managers of the Insurant, the ultimate beneficiary and other persons specified in the Contract) The Bureau and the Insurer through the Bureau;
4) on the cross-border transfer of personal data and on the transfer of personal data to third parties;
21.4. The period of storage of personal data is determined by the Insurer until there is no need for further storage of personal data. The use of personal data is carried out for the purpose of fulfillment by the Insurer or a third party of the terms of the Contract and/ or the legislation of the Republic of Kazakhstan, as well as for the realization of the goals of the Insurer's activities as a whole.
21.5. The Insurant is obliged to demand from the Insured (Beneficiary, managers of the Insurant, the final beneficiary and other persons specified in the Contract) written consent to the collection and processing by the Insurer or a third party of the personal data of the Insured (Beneficiary, managers of the Insurant, the final beneficiary and other persons specified in the Contract), including the consent listed in subclause 1)-4) of clause 21.3.
21.6. The Insurant is responsible for the absence of the consent of the Insured (Beneficiary, managers of the Insurant, final beneficiary and other persons specified in the Contract) to the collection and processing by the Insurer or a third party of the personal data of the Insured (Beneficiary, managers of the Insurant, final beneficiary and other persons specified in the Contract), including the consent listed in subclause 1)-4) of clause 21.3.
[1][1] Loss is the disappearance (loss, missing) of the insured property as a result of the occurrence of an insured event.
[2][2] At the same time, fake keys are understood to be keys made on behalf of or with the knowledge of persons who do not have the right to dispose of genuine keys. The mere fact of the disappearance of property from the insurance territory is not enough to prove the use of lock picks and fake keys. Confirmation of the fact of the use of lock picks, forged keys and other technical means is the conclusion of an investigative expertise conducted by the competent state authorities within the framework of the initiated criminal case.
[3][3] Lockout is the closure of organizations and the mass dismissal of workers in order to force them to abandon their demands and agree to worse working conditions.
