7. Contract de asigurare. Refuzul asigurătorului de plată a despăgubirii. Condiții și efecte
7. Insurance agreement. Insurer’s refusal to pay compensation. Conditions and effects

Summary/Abstract: The provision mentioned in an insurance agreement under which the parties set forth that the insured party had the obligation to denounce the event within maximum 5 days from the date of occurrence of the insured risk, the insurer having the right to refuse the payment of the compensation if the failure to observe these provisions hindered it from determining the reason of the occurrence of the insured risk or the amount or extent of the damage, does not hold the insurer harmless in relation to the obligation to pay compensation, as the solution delivered by the lower courts to reject the action for damages lodged by the insured party is illegal, under the circumstances in which the insurer did not demonstrate that it could not determine the reason of the occurrence of the insured risk or the amount and extent of the damage, and the burden of proof was incumbent on it.

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