The impact of the appearance of the new virus, COVID-19, turned into a pandemic, and its influence on private contracts, is today being a subject of intense debate.

In this context, insurance play an important role, because behind all economic activity, there is, or should be, insurance as an element that supports this activity, which allows the merchant to develop his business with a vision of prevention and to help all people as backup vis à vis the risks.

The insurance contract is based on a balance that exceeds the normal contractual balance between the parties duties and rights, since its imbalance produces consequences that affect not only the parties but may even affect the mutual fund of the policyholders. If that imbalance remains unresolved, if the balance is not restored, the solvency of the insurance company and therefore the entire national and even international insurance system, could be in danger.

Faced with this technical-legal reality of insurance, an unforeseen factor such as the appearance of the COVID-19 pandemic, can greatly alter the contractual balance.

In this article we will seek to resort to the insurance institutes such as uncovered risks, the aggravation and reduction of risk, to try to find answers within the insurance law.