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- Title
INDEMNIZAREA PREJUDICIULUI REZULTAT DIN PASIVITATEA ASIGURĂTORULUI, ÎN MATERIA ASIGURĂRILOR DE RĂSPUNDERE CIVILĂ, PENTRU DAUNELE PRODUSE DE AUTOVEHICULE.
- Authors
GOICOVICI, Juanita
- Abstract
The paper approaches the problematics of granting moratorium damages, as penalties for the delayed performance of the insurer’s duty to notify the beneficiary on the terms of the liability coverage offer, and, subsequently, for non-compliance by the professional insurer with the obligation described in art. 21, 1st and 2nd para. of Law no. 132/2017. The paper examines the legal reverberations of the insurer’s non-compliance to the obligation to address the request for compensatory payment, within 30 days from the date of registration, under conditions similar to those assigned to the scenarios described in the 5th para. of art. 21 of Law no. 132/2017. The study argues that the specific sanction for non-fulfilment, by the insurance professional, of the obligation to respond (within 30 days from the date of registration) to the request addressed by the insured/injured person is that of presuming the existence of the tacit (implicit) consent of the professional insurer regarding the existence and extent of the claimant’s right to compensation. Saliently, the sanction characterising the delayed performance of the obligation to pay the compensation (the amount of which was fixed in a final court decision or which was established consensually, as a result of the intervention, between the insurance professional and the injured person, of the express agreement with regarding the extent of the claim or the tacit agreement) lies in the allocating of liquidated damages in the amount of 0,2% / day of delay, according to the provisions of art. 21, 5th para. of Law no. 132/2017, benefiting the creditor of the compensatory rights.
- Subjects
LEGAL judgments; DEBTOR &; creditor; INSURANCE companies; INSURANCE; NONCOMPLIANCE; PAY for performance; FREEDOM of association
- Publication
Universul Juridic, 2023, Issue 10, p29
- ISSN
2393-3445
- Publication type
Article