Keywords
writ for the protection of constitutional rights
basic rights
reticence
preexistence
prescription of the insurance contract
individuals of constitutional protection
inadmissible writ for the protection of constitutional rights
How to Cite
Abstract
This article is aimed at revealing the tendency of the "constitutionalisation" of the Insurance Law and the exceptional protection of the Constitutional Court to the so-called "Subjects of Constitutional Protection". That issue can be observed in the way an insured or loss payee of a Life Group policy in a "defenselessness situation" by means of a writ for protection of constitutional rights demands the payment of the death benefits or the total and permanent incapacity for work without meeting the contractual and legal requirements to access to the mentioned coverages.
The stance of Constitutional Court, taking into account that the substancial law prevails over procedural law, is based on on the principles of solidarity, immediacy and subsidiarity when someone invokes the basic rights for life, minimum wage, decent housing, equality, social security among others. It is worth mentioning that such constitutional writ has been appeared on cases in which the insurance companies have refused to pay the compensation due to a reticent insured, a preexistence illness or when, over time, the insured or beneficiary of the policy loses the possibility of the chose in action due to have started the statute of limitations under the Colombian Law for insurances contract.
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