Filing of implicit direct action of victim against the insurer of civil liability in the new regime of Chilean insurance

Research output: Contribution to journalArticlepeer-review

1 Scopus citations

Abstract

Law 20.667 of 2013 amended the Chilean Commerce Code providing new rules to the Liability Policy/Insurance. The argument of this article is that they implicitly give the injured a direct action against the insurer to claim for damages under the terms of the policy. Being an implicit rule, the author provides the arguments to construe and determine the traits, jurisdiction and filing of a case, considering the interests of the victim/injured and that of the parties to the policy: the insured/liable party and the insurer. The article provides legal background and analysis for a direct cause of action of the victim/injured against the insurance company that could eventually be adopted by courts to give an affirmative judgment for the Plaintiff.
Original languageAmerican English
Pages (from-to)397-422
Number of pages26
JournalRevista Chilena de Derecho
Volume42
Issue number2
DOIs
StatePublished - 1 Aug 2015

Keywords

  • Civil liability
  • Direct action
  • Insurance
  • Third injured
  • Victim

Fingerprint Dive into the research topics of 'Filing of implicit direct action of victim against the insurer of civil liability in the new regime of Chilean insurance'. Together they form a unique fingerprint.

Cite this