Law No. 260/2008 on compulsory insurance of homes against earthquakes, landslides and floods.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law primarily addresses the legal framework governing compulsory housing insurance against natural disasters such as earthquakes, landslides, and floods. It establishes the conditions under which owners of residential buildings, whether natural or legal persons, are mandated to insure their properties, with specific provisions for public administration entities and social housing. The law aims to regulate relations between insured parties and insurers, define the organization and operation of the Natural Disaster Insurance Pool (PAID), and set out the legal principles underpinning the insurance process, including the principles of first risk insurance and the scope of coverage. Key measures include the determination of insured amounts, premiums, and the conditions for insurance validity. It mandates the conclusion of insurance contracts in writing, details the content and form of the insurance policy, and stipulates the validity period of 12 months. The Law also delineates the obligations of insured parties, insurers, and local authorities, including the submission of property lists, the process for claims and damage assessment, and the payment procedures for compensation. Additionally, it emphasizes the role of PAID in managing the insurance pool, issuing policies, and coordinating damage assessments. Implementation mechanisms involve the establishment of PAID as a reinsurance undertaking, with its organization and operation regulated by the Financial Supervisory Authority (A.S.F.). The Law prescribes timelines for the enforcement of mandatory insurance, procedures for data transmission by local authorities, and penalties for non-compliance. It also authorizes the contracting of loans by the Ministry of Public Finance to cover reinsurance premiums and potential compensation exceeding PAID's resources. Secondary themes include procedural rules for damage liquidation, stakeholder responsibilities, and the phased entry into force of the law, with detailed regulations to be issued by relevant authorities to ensure compliance and effective enforcement.
Attached files
Web site
Entry into force notes
This Law enters into force 120 days after the date of publication in the Official Gazette.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Legea nr. 260/2008 privind asigurarea obligatory a locuinţelor împotriva cutremurelor, alunecărilor de teren şi inundaţiilor.