Rules on liability and compulsory insurance

In Romania there are several occupational categories in which it is mandatory to take out professional liability insurance in order to pursue a business activity.

These include: accountants, financial auditors, insolvency practitioners, tax consultants, judges, physiotherapists, healthcare staff, etc.

Professional liability insurance for appraisal activities

Pursuant to Government Order No 24/2011 on certain measures in the field of property appraisals, as subsequently amended and supplemented, every member has the obligation to take out a professional liability insurance policy for any appraisal activity.

The minimum value of a professional liability insurance policy is EUR 10 000 for natural persons, pursuant to Decision No 10/2012 of the Board of Romania’s National Association of Certified Appraisers [Asociația Națională a Evaluatorilor Autorizați din România].

Thus, having regard to Article 16(2) and Article 20(2) of Government Order No 24/2011 on certain measures in the field of property appraisals, as subsequently amended and supplemented, and the provisions mentioned above, every member must provide proof of holding an insurance policy concluded through any insurance company listed as a licensed insurance company. The certificate of insurance must be sent to the National Association of Certified Appraisers.

More details on professional liability insurance for appraisal activities are available on the National Association of Certified Appraisers in Romania website.

Medical malpractice insurance

When entering into an employment contract in the medical field, medical staff are automatically obliged to take out professional liability insurance, which creates double financial protection (for the medical staff and for patients). Failure to hold such insurance may lead to the medical staff member at fault being liable to bear all compensation costs entirely at their own expense.

Any medical procedure may carry a risk, regardless of the experience and age of the medical staff. Moreover, a lack of insurance or insurance below the legal threshold constitutes a disciplinary breach punishable by suspension of the right of practice or of one's operating licence.

Malpractice insurance for medical staff is a type of insurance whereby the insurer, on receiving an insurance premium, undertakes to cover the damage or loss resulting from a medical procedure or from a failure to provide medical care as required as well as the legal costs of the proceedings for the person harmed by the malpractice. This type of insurance is intended to protect the insured person (as a consumer and indirect beneficiary of the insurance product). Persons involved in a medical procedure culminating in damage caused to the patient may incur civil liability.

An insured person has the right to take out several insurance policies and the claim being settled in proportion to the amount insured by each insurer. However, insured persons are obliged to inform their insurers, throughout the validity of the policy, of any other contracts they have taken out with other insurers and of any changes that may arise.