of October 6, 2017 No. 8
About court practice on the disputes following from insurance contracts
Proceeding from results of generalization and for the purpose of ensuring unity of court practice of application by courts of the legislation governing the relations in insurance field, and also considering arising at courts by consideration of this category put questions, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. The legislation on the specified legal relationship is based on the Constitution of the Republic of Kazakhstan (further – the Constitution) and consists of the Civil code of the Republic of Kazakhstan (further – group of companies), the Labor code of the Republic of Kazakhstan (further – the Labor code), the Code of civil procedure of the Republic of Kazakhstan (further – GPK), the laws of the Republic of Kazakhstan of December 18, 2000 No. 126-II "About insurance activity", of July 1, 2003 No. 446-II "About compulsory insurance of civil responsibility of owners of vehicles" (further – the Insurance law of responsibility of owners of vehicles), of December 31, 2003 No. 513 "About compulsory insurance of the tourist", of February 7, 2005 No. 30-III "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" (further – the Insurance law of the worker from accidents), Rules of determination of the extent of harm, caused to the vehicle, approved by the resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2016 No. 14 (further – Rules of determination of the extent of harm) and other regulatory legal acts.
2. Cases of the specified category are considered by general rules of territorial cognizance - in the location of the defendant.
The claim to insurance company can be made in the location of the branch or representation which signed the insurance contract.
The recovery suit of insurance payment for the insurance contract can be made at the place of residence of the claimant or in the location of the defendant. The concept "residence" means that the speech in this regulation goes about the claimant – physical person, therefore, claimants – legal entities make the claim in general procedure – in the location of the defendant.
3. Rates of the state fee for the specified category are determined according to article 610 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)". Requirements about collection of insurance payment, including according to the procedure of subrogation or according to the procedure of the return requirement, about collection of penalty fee and others belong to requirements of property nature. Requirements about appeal of refusal of the insurer to make insurance payment, about recognition of the fact of loss occurrence, about recognition invalid the insurance contract and others belong to requirements of non-property nature.
Exemption of the state fee according to the subitem 19) of article 616 of the Tax Code is provided only for insurers and insurers in the claims following from agreements of compulsory insurance.
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