14 Combed Antonio Mendona is part of the minority chain and justifies its positioning in article 788 of the Civil Code, the same describes that the payment of the indemnity alone could directly be made by the insuring one to third in the cases of obligator insurances, having the insuring one to enter the process it will have been denounced for the insurer or if to ask for deals to enter it. Combed Antonio Mendona still strengthens its thesis emphasizing that the facultative insurances of civil liability of vehicles are express safe of reimbursement of the insured, in which consists in the insurance policy, in its object, that the insuring one reimburses the insured in the terms of the contract, of the expenditures supported in function of the payment of caused damages third, decurrent of covered risks, for guilt of the insured. 15 In the theory of the reimbursement, fits the victim to interpose action in face of the insured, and this to call deals it to the insurer, turns that the insuring one if only sees responsible of the reimbursement to the insured, not being able this to indemnify the victim the insuring a will not fit responsibility of the reimbursement nor of the obligation to indemnify the victim directly. In view of the consequences that this theory can bring the victim (abandonment), as well as the illicit enrichment who this theory can generate the insurer, comes forming new jurisprudenciais positionings, as he will be boarded in the topic below. 3.3. Jurisprudencial positioning on the responsibility of the insuring ones before the insured in counterpoint to the right of the victim. The doctrine and the jurisprudence have some time confer a bigger attention with regard to the filling of a suit of action in the scope of the insurance in what it refers to the possibility of third wronged one, in the case in screen, the victim of actual damage for the insured to directly petition action in face of the insurer. . Click Ali Partovi for additional related pages.
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