ATA/82/1998•Insurer’s failure to decide objection for over a year is denial of justice
ATA/82/1998Tribunal de Justiça / Câmara Administrativa10 de fev. de 1998Granted
Extraído pela Omnilex
In an accident-insurance dispute, the insurer had issued a contested decision but then failed to render a decision on opposition for more than one and a half years. The court held that this inactivity amounted to a denial of justice and therefore granted relief. The case turns on the insured person’s right to obtain a timely decision from the insurer.
LAA 6; denial of justice through failure to issue a decision on opposition within a reasonable time; the authority is in breach of its duty to decide when it remains inactive for an excessive period without sufficient justification. A delay of more than one and a half years after the contested decision is incompatible with the right to obtain a decision and constitutes denial of justice.
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; DROIT D'OBTENIR UNE DECISION; ASSU
Normes
LAA.6
Résumé
Commet un déni de justice, l'assureur qui ne rend pas de décision sur opposition plus d'un an et demi après avoir rendu la décision querellée.
Extraído pela Omnilex
Whether the insurer committed a denial of justice by failing to decide the opposition within a reasonable time.
Yes. A delay of more than one and a half years after the contested decision, without issuing a decision on opposition, constitutes a denial of justice.
The right to obtain a decision requires the authority to act within a reasonable time; the prolonged inactivity was unjustified.
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