Amendments To The Law "on Insurance"

Original Language Title: Grozījumi likumā "Par apdrošināšanas līgumu"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on insurance" to make the law "on insurance" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1998, no. 15; 2000, no. 13; 2002, no. 22) follows: 1. Article 1: to replace the 11, 12 and 13, the word "policy" with the word "agreement";
to supplement the article with the following paragraph 23:23) the insurer's offer — the insurer's offer to enter into or amend a contract of insurance. "
2. in article 2: Add to articles 5.1 and 5.2 of part with the following: "(51) life insurance contracts, the law of the country in which, in accordance with the life insurance contract terms will be fulfilled the obligations of the insurer.
(52) If a life insurance contract, the policyholder is a natural person and has his/her habitual residence in a country where citizen (alien) he is not, the parties may choose the law of the country whose citizen (alien) is the policyholder. ";
Supplement to the eighth article as follows: "(8) in this Act, the insurer requirements apply equally to those Member States which, pursuant to insurers, the principle of freedom to provide services, the Republic of Latvia provides insurance services, without having to open the branch."
3. in article 6: turn off the title, the words "General and particular";
make first and second subparagraph by the following: "(1) the provisions of the insurance contract must be clear and understandable.
(2) the insurance contract shall specify the place of conclusion of the contract and the date of the contract, the date of entry into force and duration, the insurer's legal form, name and registered address (if the insurer is a foreign affiliate of the insurer, the insurer shall also indicate the foreign legal address), insured (if it is not the policy holder) and the policy holder, insured risk, insurance, insurance, insurance premiums, its terms of payment and the order of beneficiaries , the deadline by which to reach a decision on the cost of the insurance indemnity or refusal to pay, termination provisions, the duties and responsibilities of the parties on non-compliance with the provisions of the Treaty, as well as procedures for the settlement of disputes. "
to make the fourth subparagraph by the following: "(4) the insurer insurance contract period shall immediately inform the policyholder and the insured (if this is not the policyholder) about changes in the legal form of the insurer, the name, telephone number, problem and contact references and other such information that is required by the policy holder (insured) contractual obligations."
4. Article 7 shall be expressed by the following: ' article 7. The conclusion of the insurance contract (1) insurance contract shall be deemed concluded only when the insurer and the policyholder has agreed on this law, article 6 and the second subparagraph of article 55 referred to in the first subparagraph the terms of the insurance contract.
(2) the policyholder shall express their consent to the insurance contract is concluded in accordance with the offer of the insurer, the insurance premiums paid to the insurer in the form specified in the offer, and within the time limit, or expresses his consent to the conclusion of the insurance contract the insurer in another manner determined in the offer. In the event of a dispute, the insurer is obliged to prove the conclusion of insurance contract conclusion or not. "
5. To supplement the law with 7.1 and 7.2 of the article as follows: "article 7.1. The conclusion of the insurance contract, using the means of distance communication (1) If an insurance contract is concluded, using the means of distance communication, the insurer before the assurance contract is concluded shall notify the policyholder in writing of the insurance provisions of the Treaty or with other policyholder accessible durable medium.
(2) If an insurance contract has been concluded at the request of the policyholder, using the means of distance communication tool with which it was not possible to send an insurance agreement in writing, or through other policyholder available in a durable medium, the insurer for the insurance agreement shall be sent to the policyholder not later than on the working day following the date of conclusion of the contract.
7.2 article. The insurance contract validity depending on the payment of insurance premiums (1) If the parties agree that the insurance premium or its part is paid by an insurance contract, then after the entry into force of the insurance premium or the first part of the fee within the time limit specified in the insurance contract the insurance contract is in force at the date of entry into force specified. If the insurance premium or its part is not paid to the insurance deadline laid down in the Treaty, it is considered that the insurance contract is not entered into force, subject to the second, third and fourth subparagraphs.
(2) if the insurance premium or the first part is paid by insurance contract deadline, the insurer is entitled to refund to the policyholder the insurance premium or the first part. If the insurer decides on insurance premiums or repayment of the first part, the insurer is obliged within 10 working days of the overdue insurance premiums or pay the first part of the day to refund to the policyholder the insurance premium or the first instalment or send a request to the policyholder to notify the insurer, the policyholder in any way yet to receive insurance premiums or repayment of the first subparagraph, if the insurer does not have a known way in which the policyholder may receive insurance premiums or repayment of the first part.
(3) if the insurer in the second paragraph of this article, the time limit specified shall not be refunded to the policyholder paid the insurance premium or the first part or send a request to the policyholder to notify the insurer, the policyholder in any way yet to receive insurance premiums or repayment of the first part, the insurer shall be deemed to have consented to the insurance premium or the first part of the payment of arrears and the insurance contract is in force at the date of entry into force specified.
(4) if the insurance premium or the first part is paid by insurance premiums established in the contract or the first part of the payment term of nursing and to the insurance premium or the first part of the payment day has timed the insured risk, it is considered that the insurance contract is not entered into force and the insurer is obliged to notify the policyholder of the absence of the contract and to refund the paid insurance premiums or the first part. In this case, the insurer is obliged within 10 working days of the overdue insurance premium or the first part of the payment to the policyholder send notification of invalid insurance contract and to refund the paid insurance premiums or the first part or send a notice to the policyholder the insurance contract in effect, asking to notify the manner in which the policyholder wishes to receive insurance premiums or repayment of the first part If the insurer does not know the way in which the policyholder may receive insurance premiums or repayment of the first part. "
6. Replace article 12, first paragraph, the word "policy" with the word "agreement".
7. Article 13 be expressed as follows: "article 13. Insurance policy (1) the insurer is obliged to issue the policyholder written insurance policy immediately after the conclusion of the insurance contract. If the insurance contract is concluded, using the means of distance communication, written policy absence does not affect the validity of the insurance contract.
(2) If the policyholder is a natural person and the insurance contract is concluded, using the means of distance communication, insurance for the duration of the contract, the insurer shall issue the policyholder the insurance policy in writing within five working days after receipt of the policyholder's request. The other policyholders the insurer shall issue an insurance policy in writing within five working days after written request of the policyholder.
(3) if the insurance policy is not a signature of the parties, this shall not affect the validity of the insurance contract. "
8. Supplement article 15 with the third part as follows:

"(3) If, for any valid reason, the 15 day time limit cannot be met, the insurer can it be extended for a period not exceeding 30 days beginning with the day on which the insured or the policyholder's written request for the amendment of the provisions of the insurance contract the insured risk due to the possibility of accession. The insurer shall, within 15 days from the date on which the insured or the policyholder's written request for the amendment of the provisions of the insurance contract the insured risk due to the possibility of accession, transmit to the insured or the policyholder a motivated written notification of extension. "
9. Replace article 16, first paragraph, the number "15" with the number "30".
10. Express article 19 by the following: ' article 19. Insurance premium payment stub (1) If an insurance contract specified in the insurance premium has not been paid in full, the insurer is entitled to terminate the contract of insurance in accordance with the procedure laid down in this article.
(2) Before the termination of the insurance contract, the insurer sends the policyholder written notice on incomplete insurance premium payment, inviting to pay insurance premiums, according to the terms of the insurance contract and indicating the time limit for payment of the insurance premium and the potential consequences of the payment.
(3) in the notice of the insurer in the insurance premium payment period may not be less than 15 days and more than six months from the date of dispatch of the notice.
(4) if the notice within the period of payment of insurance premiums in the insurance case, the insurer paid insurance if the insurance premium is paid to the warning in the insurance premium payment term and amount.
(5) If the policyholder fails to pay the insurance premiums set out in the notice of payment of insurance premiums and the amount of the insurance contract shall be considered terminated unless the insurer alert determines otherwise. Life insurance contract termination in accordance with the procedure laid down in this article shall not affect the right of the policyholder to receive the repurchase amount. "
11. off article 20.
12. Article 21: make the second paragraph as follows: "(2) the insured may not object to the insurer's requirements to identify and assess the amount of damage it causes, conditions, as well as against the insurer to submit all documents to himself describing the insured risk and resulting injury, including documents containing sensitive personal data about third parties and business secrets. The insured shall also provide other information in its possession, which requested the insurer, as well as perform other insurance obligations laid down in the Treaty. ';
to supplement the article with the third part as follows: "(3) in the second paragraph of this article, the information required in a notification is not considered the law and other regulations, as well as the infringement of the provisions of the Treaty, and it does not result in the insured the civil, administrative or criminal liability."
13. Article 24: make the seventh subparagraph by the following: "(7) if the insurer decides on refusal to pay claims, that 10 days after the decision has been forwarded to the policyholder and the insured written notice substantiated. ';
Supplement to the eighth article as follows: "(8) If the policyholder is a natural person, the insurers paid claims within 15 days after the decision on the costs of claims, unless the cost of claims is not intended to be a recurring payment or service, or the insurer, and beneficiary after a decision on payment of claims is not agreed on other insurance claims costs."
14. Express article 25, first subparagraph as follows: "(1) the insurance contract shall be determined by agreement between the parties, and it must not be longer than five years. This time limit does not apply to contracts of insurance entered into in sequence the total duration, including cases where all this insurance contract terms remain unchanged. "
15. Make the first paragraph of article 26, point 4 of the following: "4) the parties have agreed in the insurance contract period;".
16. Add to article 27, the third part of the sentence the following wording: "If a policyholder — natural person — has entered into a market linked life insurance contract, the insurer shall refund to the policyholder the cash amount, which is calculated from the paid insurance premium, taking account of the policy holder to the desired part of the value of the investment fund on the date on which the insurer has received notice of termination of the insurance contract."
17. Make the article 29 the first part as follows: "(1) If an insurance contract provides for a right to terminate the contract after the cost of claims, either Contracting Party may terminate the contract of insurance. The insurance contract is terminated after 15 days from the date on which the Contracting Party in question sent a written notice of termination of the insurance contract. If the insurance indemnity is less than the difference between the deposit insurance premiums and premiums for the part of the issuing of the contract period, the insurer shall refund to the policyholder the insurance premium part of the amount shall be paid from insurance premiums minus claims, insurance premiums for part of the insurance contract is expiring and provable with the conclusion of the insurance contract the insurer related expenses shall not exceed 25 per cent of the insurance premiums. "
18. Article 32 of the expression by the following: ' article 32. Limitation (2) the right to submit to the insurer the insured risk statement for membership shall cease if the person is eligible for consideration for the life insurance and liability insurance, they do not use 10 years from the date of accession to the insured risk. Other types of insurance the right to submit to the insurer the insured risk statement for membership shall expire if not used within a period of three years from the date of accession to the insured risk.
(2) other liabilities of the rights deriving from the insurance contract shall expire if the person does not use them within two years.
(3) if the insurer fulfil an expired claim he has no right to claim back from the person executed.
(4) the first paragraph of this article shall not apply to liability insurance, if the insurance contract is entered into pursuant to this law, the provisions of article 46. "
19. Replace article 33 and article 34, first paragraph, the word "policy" (fold) with the word "agreement" (fold).
20. Supplement article 40 to eighth by the following: "(8) the insurer is entitled to use its rights to subrogation against the insured during the three years of insurance claims costs."
21. Replace article 55 the first part of paragraph 2, the word "policy" with the word "agreement".
22. transitional provisions be supplemented with point 6 and 7 by the following: "6. This law and amendment article 7.2 article 19 in relation to the expression of the new version enters into force on 1 October 2007.
7. Amendment of article 21 of this law the second part relating to sensitive personal data and business secrets the presentation of documents containing the insurer, as well as the third part of article 21 shall apply upon the entry into force of the amendments to the insurance companies and the supervisory law and individual data protection in the law. "
23. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) Council of 28 June 1988 Directive 88/357/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC;
2) Council of 18 June 1992 Directive 92/49/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC;
3) of the European Parliament and of the Council of 5 November 2002, the Saeima adopted the law on 15 March 2007. State v. President Vaira Vīķe-Freiberga in Riga 2007 April 4