Problems and Difficulties That Arise Around The Liability Insurance in Colombia
PDF (Spanish)

Keywords

Insurance agreement
insurance policy
Liability insurance

How to Cite

Problems and Difficulties That Arise Around The Liability Insurance in Colombia. (2016). Revista Ibero-Latinoamericana De Seguros, 25(44). https://doi.org/10.11144/Javeriana.ris44.dpcp

Abstract

It is intended that through the study and analysis of the problems and difficulties that arise around this type of insurance, we find solutions that benefit those involved in the sector; facilitating in turn that the insurance meets the function of protecting and safeguarding assets.

The issue is addressed considering the following: Coverage for non-pecuniary damages. Exclusion from gross negligence of the insured. Thesis of direct responsibility of the insured in cases of fraud of the dependent. Transference of the intent of the insured to the dependent legal person. Types of temporary delimitation of coverage. Limitation of actions of insurance in all three types of temporary delimitation of coverage. Term of limitation for tort action. Granting RC Patronal coverage in excess of social security benefits. Requirement that the relevant event is accidental, sudden and unexpected. Arbitration or arbitration clause. Low sub-limits when a different coverage limit is established for basic protection. Need to prove the liability of the insured in cases where the law establishes special procedures, when direct action against the insurer is exercised. Defense spending. Moment from which is enforceable the obligation of the insurer.

PDF (Spanish)

This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.

Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.