Keywords
damages
insurance
liability
civil liability insurance policy
victim’s direct action against the insured party
experience in Colombia
How to Cite
Abstract
The article presents fundamental aspects regarding the direct legal action of a
victim in the civil liability insurance policy based on the Colombian experience.
The revision in-depth of the background of Law 45 of 1990 that begins with a
presentation of the international history and then the Colombian one; the amendment itself introduced thereby and a focus on the research presented in the preamble to the Congress and by the Minister of Finance of the time is worth noting. In addition, the interesting position of the jurisprudence related to the legal direct action is shown and a conclusion is drawn in the sense of indicating aspects that are pertinent with regard to the direct action itself, including issues such as the “litisconsorcio cuasi-necesario” (joinder of parties in a proceeding), the obligation of information to the victim regarding the existence of the insurance policy, statute of limitations, arbitration clauses, asymmetry between the coverage of the insurance policy and the indemnity to be made effective by the insured party, the notice about the loss and finally the “proceso ejecutivo” (judicial collection proceeding).
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