Unfair practices in insurance contracts: the clause preexistence

Abstract

In the subject of insurance there are actions that fall to get insured, and that fall to get insurance company; in the second group the action of the relative nullity of the insurance contract. Both are regulated by the requirement of article 1081 of the commercial code. The proffered jurisprudence of the Civil Chamber of the Supreme Court of justice It has been established that constitutes duty of care of the insurance company, as a professional, check the actual risk status at the time of signing the contract, regardless declared by the insured. The foregoing implies that the time of prescription the action of the relative nullity of the insurance contract, start since signing the contract considering that since that time, aware of the fact generator also that applies leading the subjective prescription of the two years. Having learned that this thesis is applied by judges, that come included in insurance policies, especially life insurance policy, “the preexisting clause”, which is abusive to the extent that extends the statute of limitations and limits its liability.