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LAWS
Investment, Trade Regulation, Law
on Taxation,
Labor Law, Law on insurance, Land and construction,
Law on foreign exchange foreign, Law on marriage & family, Trademark Law
Law on insurance
CHAPTER 1 |
CHAPTER 2
KINGDOM
OF CAMBODIA
Nation Religion King
PREAH
REACH KRAM
No. NS /RKM/0700/02
We
Preahbath Samdech Preah Norodom Sihanouk Reach
Harivong Uphatosucheat
Visothipong Akamohaborasratanak Nikarodom Thammikmohareacheathireach Boromaneat
Boromabopit Preah Chau Krong Kampuchea Thipdey
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Referring to the Constitution of the Kingdom of Cambodia;
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Referring to Reach Kram No. NS/RKM/0399/01 of March 8, 1999 on the
Amendment of the Articles 11, 12, 13, 18, 22, 24, 28, 30, 34, 51,
78, 90, 91, and 93 and Articles of Chapters VIII to XIV of the Constitution
of the Kingdom of Cambodia;
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Referring to Reach Kret No. NS/RKT/1198/72 of November 30, 1998 regarding
the Appointment of the Royal Government of Cambodia;
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Referring to Reach Kram No. 02/NS/94 of July 20, 1994 promulgating
the Law on the Organization and Functioning of the Council of Ministers;
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Referring to Reach Kram No. NS/RKM/01696/18 of January 24, 1996 promulgating
the Law on Establishment of the Ministry of Economy and Finance;
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Pursuant to the proposals of the Samdech Prime Minister and the Senior
Minister and Minister of Economy and Finance.
HEREBY PROMULGATE
The
Insurance Law as adopted ratified by the National Assembly on the 3rd
of June 20, 2000 at theist fourth plenary session of the second legislature
and as ratified by the Senate as to its entire form and legality on 16,
2000 at the third plenary session of the first legislature and whose meaning
are as follow
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Chapter 1
General Provisions
Article 1
This law is enacted with the purpose of regulating insurance activities
to protect the legitimate rights of the parties to the insurance contract,
to strengthen the supervision and control of the insurance business and
contribute to the development of the insurance industry.
Article 2
This law shall apply to all insurance activities within the Kingdom of
Cambodia.
Article 3
The term "Insurance" as used in this law refers to the commercial
contract whereby an insurance applicant, as contracted, pay the insurance
premium to the insurer, and the insurer bears a liability to indemnify
for property damage or loss caused by occurrence of possible accidents
or when the insured sustains death, bodily injuries, disabilities or sickness
or when the insured reaches the maturity agreed by both parties as specified
on the insurance schedule.
Article 4
Only insurance company, agent and broker are eligible to underwrite insurance
business.
Article 5
In carrying out the insurance business, insurance companies, agencies
and brokers shall respect the principle of fair competition in accordance
with the provisions of this law.
Article 6
Natural persons and legal entities who are allowed to conduct insurance
business shall be subject to the laws and regulations of the Kingdom of
Cambodia.
Article 7
The Ministry of Economy and Finance shall be responsible for the control
and supervision of the insurance business in accordance with this law.
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Chapter 2
Insurance Contract
Section 1: General
Article 8
Insurance which is beneficial to the insured natural persons or legal
entities who have insurance interest, whether life or non-life, over the
subject matter shall be the subject of a contract made only with insurance
companies licensed to underwrite insurance business in the Kingdom of
Cambodia.
Article 9
An insurance contract in Khmer language is an agreement whereby the relations
of rights and obligations of the insured and the insurer are enumerated.
An insured means a person who concludes an insurance contract with an
insurer and undertake to pay the insurance premium as contracted.
An insurer means an insurance company that concludes insurance contracts
with the Insured and bears the liability to indemnify and/or to pay the
insurance benefit.
Article 10
In making insurance contracts, the Insured and insurers shall respect
the principles of fairness, mutual benefit, and unanimity through negotiation
and shall not harm the public interests.
Article 11
In executing the insurance contract, each party shall have the rights
to cancel the insurance contract before expiration by a prior notification
through a registered letter or letter of notification duly acknowledged.
Article 12
When the natural person or legal entity proposes an insurance policy and
the insurance company agrees to accept the proposal, and after an agreement
on contract clauses are reached, the insurance contract shall be deemed
as concluded. The insurance company shall then issue the insurance policy
attached with the insurance certificate to the insurance applicant. The
insurance policy attached to an insurance certificate shall contain and
specify important terms and conditions agreed upon by both parties.
Article 13
The insurance certificate shall contain the following particulars:
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Full name and address of the Insured;
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Person or subject matter to be insured;
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Types of risks to be covered;
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Commencement date and location of risk to be covered;
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Insured value;
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Insurance premium and method of payment;
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Methods and conditions for declaration of risks;
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Term of contract and period of coverage; and
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Terms and conditions of nullification and forfeiture of rights under
the insurance policy and conditions allowing each party to terminate
the insurance policy before the expiration date.
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Article 14
Only the insurance policy or cover note specifies the mutual insurance
between the insurance company and the Insured. The insurance application
shall not cover both parties.
A proposal for renewal, amendment or reactivation of the suspended insurance
policy shall be deemed approved if the insurance company has not refused
such proposal within fifteen (15) days.
Article 15
The period of insurance contract is defined in the insurance policy. Any
additions, modifications to the original policy shall be made by an additional
clause (endorsement) and signed by both parties thereto.
Article 16
The Insured shall have an insurable interest from the subject matter insured.
An "insurable interest" means an interest or benefit to which
the Insured shall have the right in relation to the insured subject matter.
An "insured subject matter" means any property or benefits in
relation to the property, life or body of an individual.
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Article 17
After the insurance contract was concluded, the Insured shall pay the
insurance premium as agreed.
The coverage shall enter into force from the date of payment of the insurance
premium by the Insured as stated in the insurance policy.
Article18
Any failure to make payment of insurance premium when due, the validity
of coverage can not be suspended more than thirty (30) days from the date
the insurance policy is signed. The insurance company shall notify through
a registered letter or a letter duly acknowledged by the Insured or person
who is obligated to pay the premium to make payment at the agreed place
within twenty (20) days after the insurance contract is concluded. If
the Insured still fails to pay the premium within a period of ten (10)
days after notification, the insurance company shall have the right to
cancel such insurance contract.
Article 19
Any loss or damage arising out of the risks covered under the policy schedule
shall be indemnified by the insurance company. However, the insurance
company shall not indemnify for loss or damage caused by willful conducts
or fraudulent acts of the Insured.
The insurance company shall also cover for loss or damage caused by persons
being under responsibility of the Insured, irrespective of the type or
the seriousness of the case.
Article 20
An insurance contract shall be deemed null and void if the insurance company
has found that the Insured had concealed the truth, or willfully misrepresented
material facts which lead to any change of the insured subject matter.
Forgetful, unintentional, and/or unclear declaration of the Insured shall
not be a ground for cancelling the insurance policy.
Article 21
When it is found that the risk is intentionally created by the Insured,
irrespective of the settlement of the claim, and the insurance company
has uncovered the fraud substantiated with proofs and evidences, the insurance
company shall have the rights to refer the case to the court to void its
liability or reclaiming back any settled amount.
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Article 22
The terms and conditions of coverage and any rights of the Insured specified
in the insurance policy shall be deemed null and void in the event the
claim adjustor has uncovered the fraud and the Insured had admitted to
the wrongdoings.
Article 23
In a liability insurance, if the insured causes loss or damage to a third
party, the insurance company will directly indemnify the victim.
A liability insurance is a type of coverage whereby the indemnity must
be made directly to the third party being the insured subject-matter.
Article 24
In the case of reinsurance, the principal insurance company still bears
liability before the Insured.
A reinsurance transaction is a system of insurance in which the principal
insurance company is insured by another insurance company that wholly
or partially reinsured the risk accepted.
Article 25
The Statute of limitation for claim settlement shall be provided for in
the insurance policy. However, the statute of limitation shall not exceed
three (3) years from the date of occurrence of risk.
The statute of limitation shall be terminated by the agreement of both
parties, after the survey report of the loss adjusters is finalized.
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Section 2: Property Insurance
Article 26
A property insurance is a contract of indemnification when a risk occurs.
The claim amount paid by the insurance company to the insured shall not
be over the value of the subject matter insured as declared in the insurance
contract, except otherwise agreed by both parties.
Article 27
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 ninety percent (90%) of the insurance premium for the remaining
period.
Article 28
When the insurance company has paid the claim, the Insured shall give
the subrogation rights to the insurance company to claim the third party
that caused the damage and claim for refund of the claim amount already
paid. However, the insurance company can not claim against the descendants,
heirs, relatives, manager or employees who are living in the residence
of the Insured, except for malicious acts caused by anyone of them.
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Section 3: Individual Insurance
Article 29
For individual insurance, the insured sum declared in the insurance policy
is the maximum limit of the compensation amount payable under the policy.
Individual insurance shall include life insurance, health insurance and
physical injury insurance.
Article 30
After payment for a claim, in the case of physical injury insurance, the
insurance company may not obtain any subrogation right from the contracting
party or beneficiary for the purpose of suing against any third party.
Article 31
A person can purchase a life insurance for himself or for a third party
subject to a written approval of the latter and indicating the exact amount
of the sum insured.
The following conditions shall invalidate an insurance policy in the case
of death:
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A person has a functional nervous disease.
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A person who is hospitalized in a psychiatric hospital.
Article
32
Other than the necessary terms and conditions specified in the insurance
contract a life insurance policy shall indicate the following:
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Full name, date of birth of the applicant;
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Full name of the beneficiary, if any;
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Any events or terms providing for the refund of insurance premium; and
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Conditions of exclusion if specified in the contract.
Article 33
A life insurance policy shall be deemed null and void if the Insured commits
suicide.
Article 34
An insurance policy shall be voided against the beneficiary when the beneficiary
intentionally kills or conspires to kill the Insured.
Article 35
Any dispute arising between the insurance company and the Insured which
cannot be settled through compromise or arbitration can be referred by
both parties to the competent court in the Kingdom of Cambodia.
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