Keywords
claims made clauses
loss configuration
temporal delimitation of coverage
How to Cite
Abstract
This paper aims to make an analysis, both technical and legal, based on Colombian insurance market experience, positions granted by the doctrine and jurisprudence and particularly wordings currently offered by insurance companies, about the operation of the claims made system, identifying its flaws, its benefits and its fundamental elements, without falling into the temptation to enter infatuation or radical positions, seeking to defend it or attack it.
In addition to reviewing the configuration of the loss and rights time limitations, there will be a brief review of the historical background of this system and its typology, doing likewise mention of some controversial points such as the lack of protection of the insured, and declaration of a state of risk, particularly in the case of collective or group insurances.
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