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Obligatory pre-trial settlement of insurance disputes has been introduced in Kazakhstan

From January 1, 2024, contacting the insurance ombudsman is a mandatory step before going to court to resolve insurance disputes, reports the press service of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market.
Obligatory pre-trial settlement of insurance disputes has been introduced in Kazakhstan

The Institute of Insurance Ombudsman has been operating since 2007 in Kazakhstan. An insurance ombudsman is an independent in these activities person who carries out pre-trial resolution of disputes between insurance organizations and their clients under concluded insurance contracts.

As of 2024, the amount of claims on disagreements between persons should not exceed 10,000 MCI or 36.9 million tenge.

You can contact the insurance ombudsman directly at his office, located at the address: 28/7 Ryskulbekov Street, 2nd floor, Almaty. You can also send an appeal through the website of the insurance ombudsman or to his email address: office@omb.kz. Besides, the insurance organization is also obliged to redirect its client’s application to the insurance ombudsman, including through its branch, representative office or to the insurance organization’s website.

The insurance ombudsman hears from both parties of the dispute, studies the documentation provided, if necessary, requests additional documents, carries out an additional damage assessment independently and free of charge for the client, makes decisions and gives recommendations and explanations within the framework of current legislation.

To contact the insurance ombudsman, no special legal assistance is required from the insurance company’s client. The ombudsman, by law, represents the interests of the party that contacts him and his services for clients of insurance organizations are free of charge. But, of course, at the request of the client, their interests can be represented by another person with the ombudsman, or the client may engage a legal consultant for these purposes. It is important to understand that the services of such a legal consultant will be paid for by the client. If the ombudsman makes a decision in favor of the client, the ombudsman will forward this decision to the insurance organization for execution, but he does not have the right to demand that the insurer pay the client’s costs that they incurred at their own request during the proceedings with the ombudsman.

If the insurance company’s client disagrees with the decision of insurance ombudsman, the client has the right to seek legal redress for rights violation. When going to court, the applicant must provide the insurance ombudsman’s decision as confirmation of completion of the mandatory stage of pre-trial dispute resolution.

Photos are from open sources.

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