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Section 2
Property Insurance

 
Article : 20
  In the case that the insured has died, the insurance shall be handed on to an heir of subject matter insured. The heir shall have the same obligations as the insured. For such condition, the heir shall notify the insurance company of the first insured's death and propose the company to produce an endorsement in order to officially transfer the insurance into his own name.
The insurance company and successor, however, shall have rights to cancel the
first insurance contract according to the spirit of this sub-decree.
Article : 21
  : In case of resale of the subject matter insured, the insurance may be valid to the new owner immediately notifies the insurance company and requests to make endorsement to officially transfer the insurance into his own name.
The reseller still bears a liability to pay the insurance premium as contracted in the event that he fails to notify the insurance company through a registered letter or a letter with duly certified acceptance.
The insurance company and new owner, however, shall have rights to definitively cancel the first insurance contract.
Article : 22
 

Following a notification through a formal letter to the insurance company within twenty four hours at the latest after the resale, the seller shall have rights to withdraw ninety (90) percent of the insurance premium for the remaining period if the new owner fails to come forward and request to make an endorsement to officially transfer the insurance into his own name.

   
Section 3
Life and Personal Accident Insurance
 
Article : 23
 

If the age of the insured declared by the applicant is not true to the fact, the insurance company may cancel its insurance contract within only two(2) years and refunds the applicant the insurance premium following a deduction of fees for the insured period.

Article : 24
 

If the age of insured declared by applicant is not true to the fact, which here by cause the applicant paying an insurance premium less than the insurance premium payable, the insurer shall have the rights to demand the applicant to make up the insurance premium or pay the insurance benefit according with the percentage of the actually paid insurance premium to the insurance premium payable.

Article : 25
 

: If the age of insured declared by the applicant is not true ton the fact, which hereby cause the applicant paying an insurance premium more than the insurance premium payable, the insurer shall return the insurance premium collected in excess to the applicant.

Article : 26
 

The insurance contract for death shall be nullified unless the insured firstly agrees in writing on the insured sum. However, the life insurance effected by parents for a minor child under their charge shall not be subject to the above condition.

Article : 27
  An applicant, after the contract is signed, may pay full insurance premium in one installment to the insurer, and also may pay the insurance premium in installments as agreed.
Where a contract stipulate the insurance premium to be paid in installment, the applicant shall pay the initial payment of insurance premium at the time the contract is entered into, and shall pay the insurance premium for various remaining installment as scheduled.
Article : 28
 

A beneficiary of a life insurance shall be appointed by the insured or the applicant.

The applicant must be subject to approval by the insured when appointed the beneficiary.

Article : 29
 

An insured or an applicant may appointed one or several person as the beneficiary.
If the beneficiary includes several persons, the insured or the applicant may decide the order for benefit and their shares of benefits; if no share of the benefit is decided, the beneficiary shall has the equal amount of right on benefit.

Article : 30
 

An insured or an applicant may change the beneficiary and shall notify the insurer in writing. The insurer shall, after receiving the written notification on the change of beneficiary, mark it on the insurance policy.
An applicant must subject to approval by the insured when changing the beneficiary.

 
CHAPTER III
Compulsory Insurance

Section 1
Motor Vehicle Liability or Third Party Insurance

 
Article : 31
 

The main purpose of motor vehicle or third party liability insurance is to indemnify any person who suffers from traffic accidents and sustains a physical injury, disability, death or property damage caused by all types of motor vehicles.

The following motor vehicles shall be required to have the third party liability
insurance:
- All types of motor vehicles used for commercial purpose, transporting
goods, passengers and tourists within the Kingdom of Cambodia,
- All types of motor vehicles belong to companies, enterprises and factories.
- All types of motor vehicles of Non-Governmental Organizations,
International organizations and associations.
- Cement mixers moved from one place to another by its own machine or
by being towed.
- Tricycles used for commercial purpose, transporting goods or passengers.

Article : 32
 

: All insurance contracts provided in Article 31 shall be issued by an insurance company, which is duly registered and licensed by competent institutions to operate in the Kingdom of Cambodia.

Article : 33
 

The third party insurance shall not indemnify motor vehicle owners, drivers, caretakers and persons living under the direct responsibility of motor vehicle owners who sustain physical injury, disability or death in the event of traffic accidents. The above-mentioned persons shall hold other particular insurance policies.

Article : 34
 

Upon an occurrence of a traffic accident, the motor vehicle owner or driver shall immediately notify the insurance company by all means. Moreover, the former shall cooperate to provide information and documents pertaining to the event so that the latter expeditiously settle the claim based on the actual event.

Article : 35
 

The insurance company, which provides the liability insurance for commercial motor vehicles on the road, shall immediately indemnify the victim in compliance with the following procedures:

1- Any third party who properly obeys the traffic law and sustains a physical
injury or property damage caused by the commercial motor vehicles on
the road shall be timely and properly indemnified by the insurance
company for loss or damage according to the degree of such damage.

3- All parties shall endeavor to reach an agreement by indicating in writing
the agreement on the cause of such accident and properly and sufficiently
filling out a report of such accident.

3- If such agreement cannot be reached, all parties shall seek an intervention
from traffic police to make an accident observation note and graph. The
parties concerned shall negotiate on claim settlement based on these two
documents. In the case that an accident occurs in a remote area where
there has no ground traffic police, the motor vehicle owner or driver shall
contact local competent authorities to certify the accident report.

4- In the event that the parties concerned still disagreed, the disagreed party
may make a complaint to the court where such accident occurred for the
settlement under the laws.

Article : 36
 

When it is required by competent authorities, each motor vehicle owner shall prove the insurance certificate.

Article : 37
 

The owner of the commercial motor vehicle who has already had the third-party liability insurance shall have to stick an insurance sticker, delivered by the insurance company, on the windshield of the motor vehicle.

Article : 38
 

For marine insurance and aviation insurance will be determined in a specific Sub-decree.

 
Section 2
Construction Site Insurance
 
Article : 39
 

The construction liability insurance is beneficial to the protection of interests of any third party living around the construction site or passing through or nearby the construction site. All accidents regardless of physical injury or property damage of a third party caused by construction activities shall be under the responsibility of the construction site owner, contractor or sub-contractor.

Article : 40
 

Types of constructions which an insurance is compulsory includes all buildings, repairing, and erection under a responsibility of entrepreneur, contractor or sub-contractor save for legal entity under public law in charge of construction, repair or erection work for public interests. Exemption in part or as a whole may be agreed by the Ministry of Economy and Finance confirming that they are able to quickly and adequately repair all damage. It shall be exempted for any small-scale construction or repair which, does not require an approval of design project from a competent institution.

Article : 41
 

The insurance policy provided in Article 40 of this sub-decree shall be issued by an insurance company duly registered in the commercial register and licensed to operate the insurance business in the Kingdom of Cambodia.

 
Section 3
Insurance for Passenger Transport
 
Article : 42
 

The insurance for passenger transport is beneficial to the protection of rights and interests of passengers being transported by various transport means. Such insurance requires the owner of transport means to comply with transport standards; i.e., not loading with people more than the authorized number of seats, and to regularly take care of his/her own transport means in good manner.

 
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