Insurance contract. Action for the obligation to pay the 0.2% penalty calculated for each day of delay. The incidence of art. 38 of the ASF Norm no. 23 / 2014. Effects

DREPT COMERCIAL

Abstract

According to the provisions of art. 38 of the ASF Norm no. 23/2014 „If the RCA insurer does not fulfil its obligations within the deadlines provided by Article 37 or if it fulfils them defective, including the unjustifiably reduction of the compensation, a penalty of 0.2% is applied, calculated for each day of delay, to the entire amount of owed compensation or to the unpaid amount, which is paid by the insurer”. The awarding of compensation by the RCA insurer, in the event of an accident, may be carried out, either by agreement between the involved parties, or following a civil trial closed by a final judgement of the court. The settlement of compensations by a court judgement, leads to the fact that the insurer's obligation is certain and enforceable only at the moment of the definitive stay of the court judgement, and the 0.2% penalty calculated for each day of delay, provided by art. 38 of the ASF Norm no. 23/2014 will be due after 10 days from the date on which the insurer received a final court judgement regarding the amount of compensation, which he is obliged to pay.