The insured party must pay the insurance premium upon fulfilment of the insurance contract covering the risk. Determination of the exact dates of the three year period of insurance since the argument that it had elapsed resulted in the non-payment of the insurance claim. The time of the accident that caused the injuries shall be proved by the claimant. The authority of the trial court to find out the exact date of accident which generated the insurance claim and whether there is legitimate excuse for not hearing the action, without control by the Court of Cassation.