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Compulsory third party liability insurance associated with the use of the real property

Compulsory third party liability insurance associated with the use of the real property

     The relations associated with the Compulsory third party liability insurance associated with the use of the real property are regulated by Chapter II of the Special Part of the Law of the Republic of Azerbaijan on Compulsory Insurance.  Compulsory third party liability insurance associated with the use of the real property is used for the purposes of providing insurance cover for damages which may be caused to health and property of third parties as a result of use of the relevant property, as well as carrying of construction, repair, reconstruction or other works within the territory of such property.
    For the purposes of the above statements, the property to be covered by the compulsory insurance of third party liability associated with the use of the real property shall mean buildings, constructions, premises, facilities and areas being used by legal entities for the purposes of their operations, as well as by physical persons engaged into entrepreneurial activities without the creation of the legal entity for their activities. The third party liability associated with the use of any such facilities shall be compulsory.
    The property to be covered by the compulsory insurance of third party liability associated with the use of the real property shall mean buildings, constructions, premises, facilities and areas being used by legal entities for the purposes of their operations, as well as by physical persons engaged into entrepreneurial activities without the creation of the legal entity for their activities.
 
Insurance amounts related to the Compulsory insurance of third party liability associated with the use of the real property

 
For damages caused to property
50.000 manats
For damages caused to health of physical persons
5000 manats
 
  
EXTRACTS FROM THE LAW OF THE REPUBLİC OF AZERBAİJAN ON COMPULSORY INSURANCE RELEVANT TO THE 
COMPULSORY INSURANCE OF THIRD PARTY LIABILITY ASSOCIATED WITH THE USE OF THE REAL PROPERTY
 
Article 5.3. Insured persons shall be free in selecting an insurer who has the authority to provide insurance of the third party liability associated with the use of the real property to enter into a respective insurance agreement.
 
 Article 44.1. Insurance risks arising out of the use of the real property, including the carrying of construction, repair and reconstruction works within the premises of such property, being fire from the use of electric or gas devices, or consequences of actions designated to prevent such fires; gas explosion; short circuit on electric wirings; flooding from accidents on water, heating, sewage and fire extinguishing systems, causing the third party liability for the damages caused to health and / or property of third parties shall be deemed to be insurance events.
 
Article 45.2. Irrespective of the fact to whose name the certificate has been issued, , … any person who has the legitimate right to use the real property referred to therein or operating within the premises thereof upon such legitimate grounds shall be considered to be a person with insured property interests for the purposes of the liability owed to third parties.
 
Article 46. Except for the insured and / or his family members, any person who is not a party to this compulsory insurance agreement and who suffers damages as a result of an action or a failure to act of the insured person or a person covered by the insurance, including any person having the legitimate right of access to the place of location of the real property referred to in this agreement, including the areas of performance of construction, repair, reconstruction or other works, as well as successors and heirs thereof shall be deemed to be third parties.
 
Article 21.1. No insurance payment shall be due where the occurrence of an event is related to military operations, acts of terrorism, public disorders, as well as where the claims are related to damages caused to property in the form of cash, securities, precious metals and precious stones, works of art, including paintings, gravures, monuments, as well as models, plans and drawings, invention patents, documents, books and writings, or to moral damages or loss of income, or are associated with the property interests of the insured person or a person covered by an insurance related to the payment of fine, penalty or interest.
 
Article 25. Where the event is caused by an intentional action of the insured person or a person covered by an insurance, or is caused as a result of operation of the property by a person being under the influence of alcoholic drinks, or a person who did not have the legitimate right to use such property, or the use of the property for the purposes not in compliance with the technical designation thereof, the insurer shall have the right of subrogation against the insured person for the funds paid as an insurance amount to a third party.
 
Article 32. Where the insurance company is not able to comply with its payments obligations in relation to damages caused to health and / or property covered by this certificate, the compensation for damages caused to a third party shall be made by the “Compulsory Insurance Bureau” by way of payment of the damages.

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