INTERPRETATIVE DECISION № 2 OF 06.06.2012 ON INT. CASE № 2/2010, GENERAL MEETING OF THE COMMERCIAL COLLEGE OF SCC

Annotation

Inits published decision, the General meeting of the Commercial College of SCC answers the following questions:

1. Uponsuccessful claim against the delinquent under Art. 45 of the Lawon Obligationsand Contracts, is a direct claim admissible under Art. 407, para. 1 of the Comemrcial Law (repealed) by the damaged party against the insurer under a "Civil liability" insurance?
2. Is the payment of the amountawarded pursuant to Art. 45 of the LOC of decisive importance as to the admissibility or potential justification of the direct claim against the insurer?

Keywords

"Civil liability" insurance, Art. 45 LOC, liability for damages in tort, Art. 407, para. 1 CL (repealed), claim, insurer, insured, direct claim against the insurer

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