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.
|Título traducido de la contribución||Filing of implicit direct action of victim against the insurer of civil liability in the new regime of Chilean insurance|
|Número de páginas||26|
|Publicación||Revista Chilena de Derecho|
|Estado||Publicada - ago. 2015|
- Civil liability
- Direct action
- Third injured