In this situation, the creditors of the insurance policies (insured person, the insurance beneficiary or injured person) may apply for direct payments from the Guarantee Fund of Policyholders (GFP), which aims to protect the insurance creditors from the consequences of insolvency of an insurer entered into bankruptcy. The main destination of the amounts, available to the GFP, is payment to the creditors of the insurance indemnities / compensations resulting from contracts of voluntary and compulsory insurance completed under the law and premiums payable by the insurer for the period in which the risk was not covered by it, due to the termination of the insurance agreements, with compliance to the guaranteed limit provided by law (450,000 lei / creditors of insurance).
Insurance creditors may request payments, according to Law. 213/2015, such as insurance creditors amounts due to be paid by GFP for the unexpired period of the contract relating to the voluntary insurance, in case of termination of the insurance contract, and compensation / insurance indemnities due to creditors resulting from optional and mandatory insurance contracts closed with ASTRA.
In case of damages prior to the decision of ASF and for which it was opened the claim file to the insurer, but also in the situation of occurring in the future of the insured risks during the validity period of the insurance contract, the insured / beneficiaries of the insurance / injured persons can contact GFP.
Since the publication of ASF Decision no. 2034 / 27.08.2015 (published in the Official Gazette no. 657 / 31.08.2015) regarding ASTRA, but not later than 90 days from the date of the final decision to initiate bankruptcy proceedings, the persons entitled to payment of damages from GFP can address GFP subsequently, if the receivable right was born after the date the ruling of opening the bankruptcy becomes final.
According to Law no. 213/2015, art. 12 para. (1) and (2), GFP will proceed to open the claim files, find technical failures, handle of claim files, and their endorsement technically.
Regarding the payment of the amounts due to creditors of insurance, GFP will take the following measures: will take over from ASTRA the evidence of insurance contracts in force at the date of closing the procedure of financial recovery, complete evidence of claim files and records of technical-operative and accounting records of these contracts and files; will publish the list of potential insurance creditors, according to the records taken from ASTRA; will receive requests for opening the files of damages, take all measures for finding technical failures, instrumentation and approval of claim files from a technical standpoint; will check records and insurance claims expense recorded in its records, taking into account applicable rules and conditions stipulated in the general and specific insurance contracts concluded with ASTRA; will draw up lists of creditors whose insurance debts, will be due to be paid. After approval by the special commission of such lists shall be carried out the indemnities / compensations to creditors of insurance under the law. Accepted payment amounts will be paid after the final decision of GFP of opening the bankruptcy proceedings.
To recover a debt, it must be filed a motivated claim to GFP, which must meet certain standard requirements, accompanied by supporting documents.
For any amounts recovered which exceeded the legal compensation, any person has the right to follow the legal procedure prescribed by the Insolvency Law no. 85/2014, as amended and supplemented.