The Rules On Insurance Against Civil Liability In Respect Of The Construction

Original Language Title: Noteikumi par civiltiesiskās atbildības obligāto apdrošināšanu būvniecībā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/111478

Cabinet of Ministers Regulations No. 454 Riga, 28 June 2005 (pr. No 37 13. §) rules on compulsory insurance against civil liability in respect of the construction of the issued in accordance with article 41 of the law on construction of i. General questions 1. determines the contractor and Builder liability compulsory insurance policy and insurance against civil liability in respect of the minimum limits of liability.
2. the object of insurance is a contractor or builder's liability for the acts or omissions of public works during the damage suffered by third parties life and health, as well as damage caused to property of a third party.
II. conclusion of the contract of insurance if the works of 3 requires a building permit, the contractor or Builder may not perform the works without liability insurance. A contractor or Builder in the civil liability insurance contract concluded before receipt of a building permit.
4. civil liability compulsory insurance being the responsibility of the main contractor building site.
5. upon contractor's or builder's civil liability compulsory insurance contract the insurer with the insurance policy to the policyholder certified copies of the policies for issuing building permits.
6. If the insurance contract is suspended or terminated before the deadline and it is locked on the contractor's liability insurance, the insurer in a particular site within three working days of the suspension or termination of the contract shall notify the issuing building permits.
III. Limits of liability 7. Concluding a contract for the contractor's liability insurance in a particular site, the insurance contract, the minimum limits of liability up to the adoption of the construction operation or until the construction in its possession, the Subscriber has taken over 10 percent of the amount specified in the contract, or from the total amount of the contract concluded between the contractor and the contracting authority for the construction site in question, but not less than 10000 dollars.
8. Concluding a contract for a year on the contractor's liability insurance at all construction sites, the contractor's insurance contract, the minimum limits of liability up to the buildings (premises) into adoption or until the shipbuilding (shipbuilding) in their possession, the Subscriber is taking 10 percent of the contractor's annual turnover, but not less than 50000.
9. Concluding construction civil liability compulsory insurance contract, insurance contract, the minimum limits of liability up to the acceptance into service of construction is 5000 lats.
10. the cost of claims By a third party contractor and Builder is obliged immediately to restore the civil liability compulsory insurance minimum limits of liability.
IV. Insurance contract provided for recoverable expenditure 11. Contractor's or builder's civil liability compulsory insurance contract provides that the insurer shall bear the following expenditure on third party's life or damage: 11.1. 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;
11.2. expenses related to the third-person temporary incapacity (including foregone income on hospital's certified disability time – amount of labour laws 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);
11.3. the expenditure related to third party uptime losses (including income determined by the difference of this provision in paragraph 11.2. duly calculated does 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);
11.4. 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). Dependents are considered: UR11.4.1.tre this person's children, including adopted ones 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, and regardless of age, if they are before adulthood become disabled;
UR11.4.2.tre this person's brothers, sisters and grandchildren, if they are under the age of 18 and there are 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, and regardless of age, if they have no other survivors and they live before the adulthood become disabled;
UR11.4.3.tre disabilities: this person's 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;
11.4.4. other third-party former dependent family members, which are to be considered as such according to the law "on State pensions";
11.5. 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;
11.6. the costs incurred by national pension or benefits paid from the State social insurance special budget or the budget of the State injured third party, or the dependant.
12. A contractor or Builder civil liability compulsory insurance contract provides that the insurer shall cover the costs of third-party damage caused to property.
V. the claims procedure and decision on insurance claims 13. A Person who qualifies for insurance claims, immediately, as soon as possible, inform the contractor of its Builder, or acts or omissions of damage or injury.
14. A contractor or Builder, after the insurance case: 14.1 immediately, as soon as possible, notify the insurer in writing of any contractor or Builder to the claim or the claim submitted to the Court for the third person's life and health damage or damage to property of a third party;
14.2. immediately, as soon as possible, notify the insurer in writing about events that could be a potential cause of claim or claims against the insured for the nomination, which provides for the restitution of the insurance contract;
14.3. the 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 a third party has been informed about it;
14.4. writing inform the issuing of building permits.
15. A contractor or Builder will submit to the insurer a completed application for claims-notice of loss, in which the Castle nīgāk as possible is described or if the insurance case has occurred. Then add: 15.1. a copy of the insurance policy;
15.2. documents certifying the insured loss in the order of the fault (if any). The following documents are considered: 15.2.1. investigation, judicial authorities or other competent authorities to order that the insured person has been found guilty of breach of a third party;
15.2.2. other documents that attest to the insured's fault.
16. A contractor or Builder will submit to the insurer the provisions referred to in paragraph 17 of the document, if a third party it has submitted to the contractor or Builder.
17. Third party or a third party in the event of death, the successor to the rights and obligations of an insurer shall submit an application for compensation. The application shall be accompanied by the following: 17.1. Medical care and integrity inspection quality control inspection (MADEKK) opinion or the opinion of the Association of Medical Doctors, or medical opinion on:

UR17.1.1.tre this person's life and health, the nature of the damage and seriousness;
UR17.1.2.tre this person's cause of death;
17.2. the documents (if any) that attest to the damage and the amount;
17.3. the investigative or judicial documents about the incident (if any);
17.4. the administrative act or the Protocol on construction rules (if any);
17.5. 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;
10.9. other documents relating to the claims.
18 months from the day of receipt of the application for claims for damages and this provision in paragraph 15.2 and the documents referred to in paragraph 17, 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, a statement of losses – the applicant. The payment of the claims of the 15darbdien decision.
19. The insurer within five working days after the compensation costs of a third party contractor or builder of the acts or omissions of the damage suffered by third parties life and health, or for damage to property of a third party shall inform the issuing of building permits.
20. The insurance indemnity 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.
Vi. Civil liability compulsory insurance administration in the field of construction contractors or shipyard 21. civil liability compulsory insurance being supervised by the būvvald or by the institution according to its function, is entitled to issue a building permit for the construction of the law provided for in article 6 of the special order of the construction process.
22. A contractor or Builder by State or municipal building's request to immediately produce the insurance policy issued by the insurer or insurance policy copy.
23. in the receipt of building permits before the Builder submitted building permit issued by the insurer had izsn Builder of compulsory civil liability insurance policy copy.
24. the contractor shall issue to customer a civil liability insurance policy for submission of building permit copy vendor.
25. the contractor shall be issued to the Subscriber for submission to the construction permit for the insurer issuing a certificate attesting the validity of the insurance contract within the site, where the contractor's liability is insured for a year in all building construction sites and a host of total amount of contracts concluded between the customer and the contractor for the site, more than 1000000 dollars.
VII. Closing questions 26. Requirements of this regulation do not apply to builders and contractors who received the construction permit for building or applied this provision to the date of entry into force.
27. the regulations shall enter into force by 1 July 2005.
Prime Minister a. Halloween economic Minister A.r. Kariņš Editorial Note: regulations shall enter into force by 1 July 2005.