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| Section
2
Property Insurance |
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| Article :
20 |
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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. |
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| Article :
21 |
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: 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. |
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| Article :
22 |
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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. |
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Section 3
Life and Personal Accident Insurance |
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| Article :
23 |
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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. |
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| Article :
24 |
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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.
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| Article :
25 |
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: 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. |
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| Article :
26 |
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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.
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| Article :
27 |
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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. |
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| Article :
28 |
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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.
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| Article :
29 |
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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. |
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| Article :
30 |
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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. |
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CHAPTER III
Compulsory Insurance
Section 1
Motor Vehicle Liability or Third Party Insurance |
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| Article :
31 |
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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. |
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| Article :
32 |
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: 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. |
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| Article :
33 |
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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. |
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| Article :
34 |
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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. |
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| Article :
35 |
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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. |
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| Article :
36 |
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When it is
required by competent authorities, each
motor vehicle owner shall prove the insurance
certificate. |
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| Article :
37 |
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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. |
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| Article :
38 |
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For marine
insurance and aviation insurance will be
determined in a specific Sub-decree. |
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Section 2
Construction Site Insurance |
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| Article :
39 |
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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.
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| Article :
40 |
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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. |
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| Article :
41 |
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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. |
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Section 3
Insurance for Passenger Transport |
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| Article :
42 |
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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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