Compulsory insurance
The compulsory insurance is a practice established by the legislator and the public authorities in order to protect third parties against the risks induced by potentially dangerous activities. This obligation can also be enacted by partners within the framework of a contractual commercial relationship. SMEs are required by law to insure themselves against the risks that their activity may generate: insurance companies offer them a variety of products including general R.C. and professional R.C. Other products are adapted to specific activities: for example the R.C. of delivered products or the ten-year R.C.
The best known and most widespread compulsory insurance is that relating to the civil liability of vehicle owners extended to drivers, instituted by article 4 of ordinance 74/15 of January 30, 1974 relating to the obligation of insurance and compensation for victims, amended and supplemented.
The most recent is that relating to the obligation to insure natural disasters and to compensate victims established by ordinance 03/12 of August 26, 2003. This obligation concerns all owners of constructed property located in Algeria and people carrying out a commercial or industrial activity. For the latter category, coverage is extended to content.
The other compulsory insurances mainly concern the civil liability of companies which could be incurred during the exercise of their activities.
Origin of compulsory insurance: legislative
Ordinance 74/15 of January 30, 1974 relating to the compulsory insurance of motor vehicles and to the damage compensation scheme;
Ordinance 95/07 relating to insurance (book 2);
Ordinance 03/12 of August 26, 2003 relating to the obligation of insurance against natural disasters and compensation for victims Other texts.
Ordinance 95/07 relating to insurance
Companies and establishments in the civilian economic sectors;
Anyone operating an establishment open to the public (more than 50 people or 150 square meters);
Public transporters of passengers and goods by road;
Anyone carrying out the design, manufacture, transformation, modification or packaging of products intended for consumption or use (food products, pharmaceuticals, cosmetics, hygiene, industrial, mechanical, electronic, electrical) as well as importers and distributors;
Any architect, contractor, controller and other stakeholder;
Civilian health establishments and members of the medical profession;
Ships and aircraft registered in Algeria;
Sea and air carriers.
Scope of the obligation
This is liability insurance only;
However, certain companies or activities are subject to other obligations;
Public bodies: obligation to take out insurance against the risk of fire;
Organizers of holiday, travel and excursion centers: obligation to take out insurance against the risk of fire and accident.
Remark
Importation of goods or capital goods by sea or air: insurance (transport) is not compulsory but if the importer wants to take out insurance, he must do so in Algeria with a company approved in Algeria ( s.194).
Ordinance 74/15 of January 30, 1974
Vehicle owners (land motor vehicles, trailers or semi-trailers and their load);
Garages (damage caused to third parties by vehicles entrusted to them).
Ordinance 03/12 relating to nat cat
Goods concerned;
Constructed real estate located in Algeria. Subjects: owners;
Commercial and / or industrial installations and their contents. Subjected persons: operators.
Other texts
Specific texts (15) impose an obligation of insurance in the following areas:
Education, legal and financial professions (notaries, auctioneers, property managers, stock market intermediaries, insurance brokers, public accountants), leasing, hotels and travel agencies, transport of dangerous products, real estate promotion (insolvency), maritime (pollution insurance and life insurance for seafarers), air (overflight of Algerian territory).
The contractual obligation to ensure
New practice in Algeria;
Main prescriber: the bank (obligation for borrowers);
Other prescribers: consulates, owners of real estate (article 496 of the civil code: "the lessee is responsible for the fire of the rented object ..."), public administrations
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