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Tuesday, 29 May 2018 11:07

The supreme defines liability insurance clauses

The Supreme Court has set an important criterion, regarding the temporary limitations that can be included in a liability insurance contract.

The highest judicial body has declared admissible temporary limitations; Insured persons may not demand from insurance companies claims that are outside the times established in the corresponding policy.

TYPES OF TEMPORARY LIMITATION ALLOWED

The Supreme Court has addressed the liability insurance clauses and has defined its position, regarding the two types of temporary limitation. But, what are these limitations? As a general rule, insured persons can not demand from their insurance company compensation for claims made outside the validity of the policy.

Once the legal basis is established, the maximum Court recognizes and admits the following temporary clauses:

The prospective coverage clauses are used to delimit and limit the scope of the insurance policy coverage, once its term expires.

Retroactive clauses offer the possibility that the insurance policy offers coverage in the case of claims for previous events in time to the date of the policy.

THE DEBATE: MUSAAT INSURANCE COMPANY

The debate over the admission or not of the two types of temporary limitation arose as a result of a case in which the insurance company Musaat was involved. An architect sued the company demanding that it cover a series of claims made during 2013.

The person in question had taken an insurance policy whose validity ranged between January 1 and December 31 of the year 2010. This policy had certain conditions considered as special; from these conditions, the interpretation that it should cover the claims made during the current contract arose. Based on this, the Magistrates ruled in favor of the insurance company Mussat.

THE IMPORTANCE OF INSURANCE

Through the insurance service, the economic growth of the countries is promoted. In practice, the more protection and guarantee society has, the more capacity it will have to develop its full potential, and increase its wealth. The objective is to close the insurance gap of each of the countries.

Insurance also has a key role in the development of various sectors of the productive society. This is the case of the protection of education, protection against cyber-attacks, security and guarantee of a dignified old age, financial education and innovation.

Along with the above, it is also important to establish and respect various criteria regarding the protocols and operation of the services, for the protection of the client of the Insurance Companies.

With the admission of both types of temporary limitation, the insured will not be able to demand claims that have occurred outside the validity period of the policy. In this way, a criterion is established in which the insurance company is not obliged to cover hedges that are outside the validity of the contract, even when a future or past clause is established.

Writings SF Lawyers

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