Keywords
Corte Suprema de Justicia
How to Cite
Abstract
In the STC10662-2024 judicial decision, the Supreme Court of Justice from Colombia ruled over the computation of default interest in insurance contracts and the assessment of the evidentiary burdens of the parties. The Court decided that depending on the circumstances of each case, default interest will be caused from the month following the date on which the insured proves the occurrence and amount of the loss, or from the enforceability of the judgment ordering the payment of the indemnity. The Court emphasized that judges must examine with equal rigor the fulfillment of evidentiary burdens of both the insured and the insurer, as established in Article 1077 of the Commercial Code. Notably, the Court highlighted that in real insurance policies under the presumed value modality, in cases of total loss or theft, the insured only needs to prove the occurrence of the loss, not its amount. In this case, the Court revoked the appealed judgment and granted the protection requested, considering that the second instance judge incurred in a factual error due to improper evidentiary assessment by failing to adequately examine the insurer's fulfillment of its evidentiary burden in objecting to the claim.
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