THE COMPANY EL SUBARDER S.A.
Introduction
On February 15, 2019, D. Luis Jara arranged with the company El Sunset S.A., An insurance contract against the theft of a collection of Roman pieces of his property, located at his home and of extraordinary value. Insurance was agreed for an annual duration, entering into force on the same day 15 and containing all the indications and requirements contemplated in the 50/80 insurance contract law.
Developing
In a complementary document to the policy delivered to D. Luis (which had fully satisfied the premium corresponding to the current annuity) contained, in small print and among others, a clause the 5th whose content is as follows: the insurance or insured will lose any right to the corresponding compensation,In case of incident, if it does not communicate the occurrence of this to the sunset, S.A., Within the maximum period of 5 days of having known.
On May 15, 2019, the collection of insured Roman pieces was stolen, between four and six in the afternoon. D. Luis, who was on vacation, only had knowledge of the unfortunate event on his return, four days later. Given its many occupations, the incident did not communicate until May 25, doing so by certified letter that the insurer received on the 27th of the same month.
On the return of mail, receive the MR. Jara another letter, equally certified, of his insurance company, in which he is informed that the sunset is not willing to pay any compensation, given the breach – by said Lord – of the obligation provided for in the 5th clause of the complementary document of the complementary documentto the aforementioned insurance policy.
D. Luis, not satisfied with that response, consults us about the reasons that could justify a right to the compensation that he intends. Read carefully the articles of the Law of Insurance that are attached in annex and legally their response, distinguishing between possible substantive errors (contract content, that is to say its clauses) and in the absence of some requirement related to the drafting of the contract,If the notarial or private document requirement is met as one or the other is required for the validity of the contract in question, etc.
2nd case: entry into force of the standards
Indicate the exact day that they enter into force, assuming that the following laws were properly sanctioned and promulgated:
Organic Law whose publication in the B.EITHER.AND. started on 01/27/2020 and ended on 01/31/2020. Its final provision established: This law will enter into force five months after its publication.
- July 1, 2020
Organic Law BB/2020, published in the B.EITHER.AND. corresponding to 02/14/2020. It establishes: this law will enter into force at 15 days of its publication.
- February 29, 2020
Organic Law CC/2020, which did not contain any reference to its entry into force and was published in the B.EITHER.AND. corresponding to 02/09/2020.
- February 29, 2020
Annex: Law 50/80, of October 8, 1980, of the Insurance Contract
The insurance contract is that by which the insurer is obliged, by collecting a premium and in the case of the event whose risk is the object of coverage, to compensate, within the agreed limits, the damage produced to theinsured or to satisfy a capital, income or other benefits agreed.
The different modalities of the insurance contract, in the absence of the law that is applicable to them, will be governed by this law, whose precepts are imperative, unless otherwise provided in them. However, contractual clauses that are more beneficial for the insured will be understood valid.
The general conditions, which in no case may be injured for the insured, must be included by the insurer in the insurance proposition if there is and necessarily in the contract policy or in a complementary document, which will be signed by the insurer andto which a copy of the same will be delivered. The general and particular conditions will be written clearly and precisely. The limiting clauses of the rights of the insured, which must be specifically accepted in writing will be highlighted in a special way.
The general conditions of the contract will be subject to the surveillance of the public administration in the terms provided by law. Declared by the Supreme Court the nullity of any of the clauses of the general conditions of a contract The competent public administration will force the insurers to modify the identical clauses contained in their policies.
conclusion
The insurance or the insured or the beneficiary must communicate to the insurer the occurrence of the incident within a maximum period of seven days of having known it, unless a broader term has been fixed in the policy. In case of non -compliance, the insurer may claim the damages caused by the lack of declaration.
This effect will not occur if the insurer has been aware of the incident by another means. The Insurance or Insured Tender must also give the insurer all kinds of information about the circumstances and consequences of the incident. In case of violation of this duty, the loss of the right to compensation will only occur in the assumption that pain or serious fault had attended.
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