Apărarea intereselor consumatorilor. Pe marginea Deciziei Autorității de Supraveghere Financiară nr. 1148/17 septembrie 2021
Defending the interests of consumers. About the Decision of the Financial Supervisory Authority No 1148/17 September 2021

Summary/Abstract: The insurance market in Romania is an extremely complex field of legal regulation, which involves not only the observance of the principle of fair competition between the professional competitors, rivals on the market, but mostly the observance of some high standards of consumers’ protection, which are in a net inferiority ratio from a financial, informational and organizational point of view, in comparison with the policy issuers covering the compulsory civil insurance. From this perspective, the withdrawal of the operating authorization and the initiation of the bankruptcy procedure against the Insurance-Reinsurance Company City Insurance – S.A. raises a series of big problems for the clients of this insurer, not only from the point of view of the contractual relations established by the insurance contract, but especially through the procedural mode of action on the part of these consumers, so that the protection of their rights be full, as well as that the effects of the opening of bankruptcy procedure against City Insurance be mitigated, as much as possible, in relation to the already precarious situation of these clients. We intend, through this study, to highlight a series of pressing legal issues and to propose a series of solutions to the legal, substantive or procedural issues that arise from the withdrawal of the authorization of this important player on the insurance market from Romania. Thus, those entitled to recover the expenses occasioned by the repair of the cars involved in road accidents caused by the clients of City Insurance – S.A. have the way opened for a special and accelerated procedure for the recovery of these damages, without waiting for the opening of the bankruptcy procedure against this insurer and the registration in the amount of claims, extremely laborious and time-consuming legal procedures, which raise problems for the consumers who are victims of traffic accidents, and also for the clients of the insurance company who could see themselves engaged in legal actions intended to lead to the compensation of those injured in road accidents and that would endanger their personal patrimony, although they appear as contracting parties and beneficiaries of some perfectly valid RCA policies on the date when the damage was caused.

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