Обязательное страхование гражданской ответсвенности за причинение вреда жизни, здоровью и (или) имуществу других лиц и окружающей среда в случае аварии на опасном производственном обьекте "ОПО"

What should the policyholder do:

According to the REGULATIONS on the procedure for compulsory insurance of civil liability for causing harm to life, health and (or) property of other persons and the environment in case of an accident at a hazardous production facility to the Resolution of the CMPE dated 10.12.2008. N 271 is necessary:

In the event of an accident at a hazardous production facility, the policyholder shall notify the insurer in writing within 3 business days fr om the date of the accident at the hazardous production facility, as a result of which the damage was caused:

life and health of others;
property of others and the environment.

The amount of payment of insurance compensation (insurance amount) is determined by the insurer on the basis of an act of technical investigation of the causes of the accident, court decisions and other materials containing data on the causes and circumstances of the insured event, including the amount of damage caused to others.

The insurance indemnity (sum insured) is paid out on the basis of an act of the insured event, signed by the parties and drawn up on the basis of documents confirming the insured event.

Payment of insurance compensation (insurance amount) is carried out within the limits of the established insurance amount specified in the insurance contract.

If, under a single insurance contract, several hazardous production facilities are insured for which different insurance amounts are established, then the payment of insurance compensation (insurance amount) for a specific insured event is made within the insurance amount set for the hazardous production facility at which the accident occurred.

Under the insurance contract, the following is not refundable:

moral injury;
the harm caused to persons who are in an employment relationship with the insured during the performance of their labor duties in accordance with the contract (contract) in accordance with the Labor Code of the Republic of Uzbekistan;
damage caused to property owned by the policyholder by the right of ownership, the right of economic management or the right of operational management or on other legal grounds (on the right of lease, under a storage agreement, by proxy, by the order of the relevant body to transfer property to it, etc. );
losses of the insurer, caused by the payment of a penalty (fine, penalty), performance of warranty and similar obligations, failure to perform or improper performance of contractual obligations;
lost profit.

Payment of insurance compensation (insurance amount) is made directly to the victim. Reimbursement of expenses provided for by subparagraph "b" of paragraph 15 of these Regulations shall be made to the insured.

Payment of insurance compensation (insurance amount) is carried out within 10 working days from the date of signing of the act of the insured event.

In the event of an appeal (protest) of a court decision in the prescribed manner, the insurer may postpone the decision on the payment of insurance compensation (insurance amount) until the adoption of a final court decision, if the initial decision cannot make a positive or negative conclusion.

In cases wh ere the damage caused is also compensated by other persons, the insurer pays only the difference between the amount of insurance compensation (insurance amount) payable under the insurance contract and the amount compensated by other persons. The insured is obliged to notify the insurer of the payments to him that have become known for compensation for harm to the victim, made by other persons.

If, on the basis of the execution of a court decision, the policyholder compensates for the damage caused by the operation of a hazardous production facility in respect of which the insurance contract has been concluded, the insurer shall pay insurance compensation (insurance amount) to the policyholder within the limits of compensation insurance contract of the insured amount.

The insurer's right to refuse to pay the insurance indemnity (sum insured) is determined by law and the contract.

The transfer of the insurer's claim to compensation (subrogation) to the insurer who paid the insurance indemnity (sum insured) is regulated by law and the contract.

Objects of compulsory insurance are the property interests of the insured, associated with the emergence of civil liability for compensation for damage to life, health and (or) property of other persons and the environment in the event of an accident at a hazardous production facility operated by the insured.

In the event of an accident at a hazardous production facility, the policyholder shall notify the insurer in writing within 3 business days from the date of the accident at the hazardous production facility, as a result of which the damage was caused:

life and health of others;
property of others and the environment.

The insured’s civil liability of the insured is not recognized as a result of:

nuclear explosion, radiation, radioactive contamination, if they are not related to the operation of the production facility;
military actions, as well as maneuvers or other military activities, actions of armed groups or terrorists;
riots, other collective acts of civil disobedience, strikes;
actions of force majeure circumstances: natural disasters, natural phenomena of a natural nature;
the occurrence of circumstances not directly related to the operation of the hazardous production facility;
other circumstances stipulated by law and contract