Keywords
good faith
bad faith
fraud
non-disclosure and misrepresentation
coexistence of insurance
overinsurance
How to Cite
Abstract
Insurance is a contract in which the good faith has special prominence and it is present throughout the entire contractual relationship, that is, in the pre-contractual stage, during the insurance period and even after the occurrence of the insured event. Similarly, as well as the law promotes good faith, it also seeks to deter fraud through all the same stages. Colombian law is no stranger to this and in this sense when it regulates the insurance contract it establishes a set of rules that promote good faith and discourage and punish bad faith and fraud. These rules are mainly the following: a) the duty to disclose and not misrepresent the risk; b) the prohibition on taking insurance based on illegal causes or motives; c) the prohibition to cover or secure claims caused intentionally or willfully by the policyholder, insured or beneficiary d) the duty to file claims in good faith; and e) the existence of the indemnity principle in property insurance and the consequent regulation of coexistence and overinsurance.
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