This month we want to spotlight a Supreme Courtroom ruling that clearly favors the insured.
The Civil Chamber of the Supreme Courtroom issued a judgment on September 10 fixing doctrine, enchantment 544/2013, wherein it clearly signifies that it isn’t sufficient to show the policyholder’s fault for the non-payment of the insurance coverage premium to refuse to pay the compensation. Subsequently, non-payment of the premium doesn’t launch the insurer.
The TS actually factors out that: «To ensure that the corporate to be launched from the duty to compensate the injured occasion, within the occasion of non-payment of the primary or single premium, in a obligatory insurance coverage coverage for civil legal responsibility for motor automobiles, it’s essential to show that it has despatched the policyholder of the certain an authorized mail with acknowledgment of receipt, or another accepted means, by which the termination of the contract is notified ».
Thus, this judgment confirms the decision of the Provincial Courtroom of Pontevedra that ordered the insurer to pay the compensation Consortium the quantity delivered to the injured events (in concept with out insuring). Subsequently, insurance coverage firms can now not disguise behind the well-known article 15 of the Insurance coverage Contract Legislation, particularly within the matching curiosity.
Conclution: The insurance coverage firm can terminate the insurance coverage contract on account of non-payment of the premium, however its easy non-payment isn’t ample trigger to not be chargeable for the cost.