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Feb 20, 2015

HCCJ. The regress of the RCA insurer to the CASCO insurer


The High Court of Cassation and Justice has decided that if the CASCO insurer (fully comprehensive car insurance policies) brought an action in recourse against the RCA insurer (civil liability insurance for car owners), which has not made the payment to the CASCO insurer under the conditions regulated by Rule 2008

the court can not proceed to taking of evidence in proving the validity of compensation required under art. 22 of Law no. 136/1995, their obligation being limited to only check the complying to the procedures in Art. 64 of the law enforcement Rule, approved by CSA Order no. 20/2008, by the CASCO insurer, noting that the establishment of compensation was done through the administrative procedure regulated by art. 43 of the Law and the implementing Rule. The High Court pointed out that the payment obligation of the RCA insurer in regression is a legal obligation, making the payment under the law, following the terms and procedure established by law, the amount and method of payment of compensation being determined and established by the CASCO insurer in accordance to the Law no. 136/1995 and the provisions of the application rule, without the possibility of reconsidering them through a court order. (Decision no. 2000 June 3, 2014 pronounced in second appeal by the Section II of the Civil High Court of Cassation and Justice covering damages)

Legislative News

The High Court of Cassation and Justice has decided that if the CASCO insurer (fully comprehensive car insurance policies) brought an action in recourse against the RCA insurer (civil liability insurance for car owners), which has not made the payment to the CASCO insurer under the conditions regulated by Rule 2008 [...]

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