The Rules On Insurance Against Civil Liability In Respect Of A Security Guard In Action

Original Language Title: Noteikumi par civiltiesiskās atbildības obligāto apdrošināšanu apsardzes darbībā

Read the untranslated law here: https://www.vestnesis.lv/ta/id/155219

Cabinet of Ministers Regulations No. 204 in Riga in 2007 (March 27. No 21 § 17) the rules on insurance against civil liability in respect of the security activities issued in accordance with the law of security activities article 23 i. General questions 1. determines the security guard merchant liability insurance and insurance against civil liability in respect of the minimum limits of liability. 2. object of insurance is guarding merchant civil liability for acts or omissions of its security activities during the third person's life and health damage, third party property damage suffered, as well as for third party property loss. II. Limits of liability and insurance contract conclusion 3. Guarding the merchant must not engage in security, if not insured civil liability. Security operator civil liability insurance contract shall be concluded within one month of special security permissions (licenses). 4. Guarding the operator civil liability insurance contract shall be concluded for a period of not less than one year. 5. Guarding the merchant is responsible for the existence of liability insurance. 6. For civil liability insurance contract security guard merchant one or a copy of the policy, the insurer shall certify a copy of the policy within three working days of the Ministry of the Interior shall submit the Licensing Commission. 7. If the security guard's civil liability insurance contract is suspended or terminated, the insurer within three working days after the termination or suspension of the Ministry of the Interior shall notify the Licensing Commission. Guarding the merchant is obliged within three working days to conclude a new liability insurance contract. 8. If the security guard merchant extended the civil liability of the insured contract period or conclude a new Treaty, within three working days, he shall inform the Licensing Commission of the Ministry of Interior. 9. Liability insurance in the minimum limit of liability of the insurance period may not be less than 10 percent of the guard's annual turnover, but not less than 100000 dollars a year. 10. If the theft with intrusion or robbery resulted in losses, the loss of such apakšlimit (for one insurance event and for the period of insurance) must not be more than 25 per cent of the minimum limits of liability. 11. The minimum limits of liability of the insurance period and the penetration of the theft or robbery of the specified apakšlimit is not summarized. 12. The minimum limits of liability for one insurance event and one of theft or robbery of the entry in the apakšlimit for damage caused is not summarized. 13. the civil liability provided for in the Treaty should not be more than 1000 lats. 14. After the costs of security claims business operator must within three working days to restore a civil liability insurance the minimum limit and present Interior Ministry Licensing Commission document that confirms the above requirements are met. III. Insurance contract provided for recoverable expenditure 15. Guarding the operator's civil liability insurance contract shall provide that the insurer shall bear the following expenditure on third party's life or damage: 15.1. expenses related to the treatment of a third party (including third party delivery, installation and maintenance of treatment or medical rehabilitation institution for the diagnosis, treatment and rehabilitation, care of the person of cures and healing food purchase for treatment in the home, including the travel expenses incurred in attending a medical treatment or medical rehabilitation authority), as well as prosthetic Arthroplasty, and technical AIDS for the purchase or lease;
15.2. expenses related to the third-person temporary incapacity (including foregone income on hospital's certified disability time-amount of money made up of labour law regulations regulating duly calculated third-person average earnings for the hospital's certified disability less time after the health damage of third party law duly granted benefits and compensation);
15.3. the expenditure related to third party uptime losses (including income determined by the difference of this rule 15.2. calculated in accordance with the procedure laid down in point did not receive income earned income received (if any), and from the State social insurance budget allocated pension or from State and local budget received benefits);
15.4. expenses associated with the death of a third party (including dependants for damages not part of income received, which is due for each dependant, the third person to live and report from a dependant's survivor's pension). For dependants are considered: 15.4.1. third-party children (including adopted) until adulthood or while they are learning secondary education institution or higher education institutions are full-time students, but no longer than up to 24 years of age as well (regardless of age) before adulthood if they have become disabled;
15.4.2. third parties brothers, sisters and grandchildren, if they are under the age of 18 years and no other functional household or while they are learning secondary education institution or higher education institutions are full-time students, but no longer than up to 24 years of age as well (regardless of age) if they have no other survivors and they live before the adulthood become disabled;
15.4.3. the third person awarded a widow (widower), dependant parents or grandparents to their uptime, as well as functional widow (widower), if a family has children up to eight years or a disabled child;
15.4.4. other family members who are considered as such according to the law "on State pensions" and has been dependent on third parties;
15.5. expenses related to the funeral of a third party. The insurance contract may provide that the reimbursement is actually spent and with the documents demonstrate the reasonable expenses. The right to receive damages for the death of a third party is a natural person, which has taken the funeral and has recorded the original death certificate, as well as the submitted documents proving the fact of death;
15.6. the costs incurred by national pension or benefits paid from the State social insurance special budget or public third party victims or dependants. 16. In connection with the death of the third party rule 15.4.1 and 15.4.2.. the person referred to in the claims be paid in conjunction with the national public pension or social security benefits should not be less than the statutory minimum subsistence amount which ensure the child is required for each of the parents. 17. The security guard's civil liability insurance contract shall provide that the insurer shall cover the costs of third-party property damage suffered and loss of property. IV. the claims procedure and decision on claims 18. Guard merchant, due to an insurance case: 18.1. immediately, as soon as possible, notify the insurer in writing about any security guard merchant directed against the claim or the claim submitted to the Court for the third person's life and health damage, third party property damage or injury to property loss;
18.2. immediately, as soon as possible, notify the insurer in writing about events that could be the basis for the claim or claims against the insured for damages to the nomination, which provides for the restitution of the insurance contract;
18.3. seven days written notice to the person who lays claim to the insurance indemnity, on the need to turn to the insurer for damage assessment, as well as notify the insurer in writing that the third party is aware of it. 19. Guarding the merchant submits the insurer to fill the insurance case, the application (notice of loss). Application (notice of loss) is completely (where possible) described the alleged accident. The announcement of the loss added: 19.1. a copy of the insurance policy;
19.2. documents certifying the insured loss in the order of the fault (if any). The following documents shall be deemed to be: 19.2.1. investigation, judicial authorities or other competent bodies, with which the insured person is found guilty of breach of a third party;

19.2.2. other documents certifying the insured's fault. 20. Guarding the merchant submits the insurer also paragraph 21 of these provisions in these documents, if a third party they presented a security operator. 21. Third party or a third person dies-the interested party (for example, heir, successor rights and obligations), the insurer shall submit an application for damages. The application shall be accompanied by the following: 21.1. the national medical center of expertise's opinion or the opinion of the authority on medical treatment: 21.1.1. third parties life and health, and the nature of the damage caused;
21.1.2. a third person's cause of death;
21.2. the documents (if any) that attest to the damage and the amount;
21.3. the investigative or judicial documents about the incident (if any);
21.4. the administrative act or the Protocol on security rules (if any);
21.5. the decision of the Court or the judgment on damages to a third party, if the third person has submitted a claim for damages, and it dealt with by the Court of Justice;
8.5. other documents relating to the claims. 22. Within one month of the date of receipt of the application for claims for damages and paragraph 19 of these regulations and the documents referred to in paragraph 21, the insurer shall decide on the costs of insurance claims or refusal to pay insurance claims. The insurer the decision taken within 10 working days, inform the applicant of the insurance case and the application (notice of loss). Claims paid within 15 working days after the decision is taken. 23. Claims for third party damages, as well as the availability of insurance reimbursement for the cost of a third death in at least every month (unless otherwise agreed with the insurer) until the preserved third-person capacity loss or until the preserved the dependent dependant status. V. closing question 24. Guarding the merchants that brought the transaction to the date of entry into force of the provisions, the requirements of this Regulation shall apply from 1 May 2007. Prime Minister-Minister of defence (A). the Interior Minister Slakter-traffic Minister a. shlesers