SECTION II
Properties Insurance |
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| Article :
26 |
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The property
insurance is a contract of indemnification
when a risk occurs. The claim
amount paid by the insurance company to the
insured must not be over the value of the
subject-matter insured as declared in the
insurance contract, except otherwise agreed
by both parties. |
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| Article :
27 |
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In the event
of total loss of the subject-matter insured
caused by a risk which had not
been written in the insurance policy , then
the insurance shall be legally terminated
and the insurance company shall refund the
insured 90% of the insurance premium for the
remaining period. |
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| Article :
28 |
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When the insurance
company has paid the claim , the insured shall
give the subrogation
right to the insurance company to the claim
the third party that caused the claim so that
to ask for refund of the claim so that to
ask for refund of the claim amount already
paid.
But the insurance company can not claim
against the descendants, ancestors relative
by marriage , manager and employee who are
living in the residence of the relative
by marriage , manager and employee who are
living in the residence of the insured ,
except it is the malicious case caused by
any one among these people. |
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SECTION III
Life and personal accident insurance |
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| Article :
29 |
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For the life
and personal accident insurance , the sum
insured declared in the insurance
policy is the maximum limit of the compensation
amount.
The life of the Personal accident insurance
includes the life insurance , health insurance
and
personal accident insurance. |
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| Article :
30 |
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After claim
payment for life and personal accident insurance
, the insurance company can
not claim for subrogation right from the
contracting party or beneficiary for the
purpose to sue the third party. |
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| Article :
31 |
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A person can
make a request for his /his life insurance
or for a third party subject to a
written approval of the latter and with the
clear declaration of the sum insured.
The following conditions are not eligible
for the insurance in case of the death :
1. A person has functional nervous disease.
2. A person who is hospitalized in a psychiatric
hospital |
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| Article :
32 |
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Beside the necessary
terms and conditions specified in the insurance
contract the life
insurance policy shall indicate as follow
:
1. Full name , date of birth of the applicant
2.Full name of the beneficiary, if any
3. Any events or terms providing about refunding
of the insurance premium.
4. Conditions of exclusion if specified
in the contract. |
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| Article :
33 |
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The Insurance
on death shall be voided if the insured commits
suicide. |
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| Article :
34 |
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The insurance
policy shall be voided for the beneficiary
when the beneficiary
intentionally kills or colludes to kill
the insured . |
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| Article :
35 |
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This dispute
between the insurance company and the insured
which cannot be settle
through the compromise or arbitration ,
both parties can refer the case to the competent
court in the Kingdom of Cambodia . |
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CHAPTER III
Compulsory Insurance
SECTION I
Motor Vehicle Third Party Liability Insurance |
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| Article :
36 |
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The physical
or legal person that own and operates commercial
Motor vehicle for fare in the Kingdom of
Cambodia shall have to buy insurance from
an insurance company for liability against
loss or damage to third party arising out
of the Motor vehicle operation, including
all type of trailers.
This insurance valid not only to the Motor
vehicle owner but to the driver and the
caretaker as well.
The type of commercial Motor vehicle which
are required to be insured shall be defined
in the sub-decree. |
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| Article :
37 |
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The third
party who well obey the traffic rules and
sustains the bodily injury or property
damage caused by the operation of commercial
motor vehicle shall be indemnified by the
insurance company for loss or damage timely
and accordingly to the degree of damage
. |
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| Article :
38 |
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The third
party liability insurance shall not be applied
to loss or damage arising out of an
event occurred outside the geographical
area of the kingdom of Cambodia except otherwise
agreed. |
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| Article :
39 |
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This insurance
shall be applied to the victim of the traffic
accident who sustains bodily
injury, disability or death whether this
person being transported in the insured
motor vehicle. |
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SECTION II
Construction Insurance |
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| Article :
40 |
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Physical
or legal person which is the constructor
shall have to buy liability insurance.
On starting the project, the constructor
shall be certified that they have purchased
liability
insurance from an insurance Company.
The type of project which is obliged to
be insured shall be defined in the sub-decree.
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| Article :
41 |
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The insurance
contract on liabilities in accordance with
the article 40 shall include the
term and conditions which indicate the maintenance
period after the project completion. |
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SECTION III
Insurance for Passengers Transport |
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| Article :
42 |
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Physical
person or legal person that operates the
passenger transport business by
various transport means shall have to purchase
liability insurance for passengers being
transported on their own means of transport
by road, sea, river, air or railroad.
Type of means of transport which are obliged
to be insured shall be defined in the sub-decree.
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