El alcance del deber de sinceridad en el seguro de daños al momento de notificar el siniestro y de declarar las circunstancias y consecuencias de este

Translated title of the contribution: The scope of the duty of sincerity in the insurance of damages at the moment of notifying the accident and of declaring its circumstances and consequences
  • Rodrigo Hoyl*
  • *Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

The article reviews the national doctrine and the scarce jurisprudence related to numbers 7 and 8 of article 524 of the Commercial Code, which each provide for the duties of sincerity. Faced with the absence of an express rule that determines when the company can legitimately reject coverage for transgression of these duties, it proposes some guidelines that address the duty whose fulfillment is weighed, the purpose it pursues and whether the inaccuracies or errors in them influences or not the duty to compensate and the amount of compensation, avoiding two extremes: that the insurer exacerbates the importance of any inaccuracies in the notification of the claim or in the subsequent information and that the insured does not make the minimum effort that allows the company to know in a timely manner the occurrence of the claim, its circumstances and consequences.

Translated title of the contributionThe scope of the duty of sincerity in the insurance of damages at the moment of notifying the accident and of declaring its circumstances and consequences
Original languageSpanish
Pages (from-to)39-60
Number of pages22
JournalRevista Juridica Digital Uandes
Volume5
Issue number2
DOIs
StatePublished - 2021

Bibliographical note

Publisher Copyright:
© 2021, University of the Andes. All rights reserved.

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