The omission concerns the lack of action or absence of required behaviour of the insured, insurance or a third involved in the Sure.. Although an omission implies not acting, its legal consequences may be as relevant as those derived from a action incorrect or painful.
The omission in insurance
The omission is the failure to perform a duty or the absence of an action required by law or an insurance contract. In other words, it is considered omission when a party does not do something that it is obliged to do, either for a legal mandate or for the conditions laid down in the Policy.
Can be given at different stages of the contract
1. Before recruitment
Where the insured person does not declare relevant information about the risk, failing to duty of information.
2. During the duration of the contract
If the insured person does not report any changes in the risk or does not pay the premium.
3. After the sinister
If the insured person does not notify the No. or does not cooperate with the insurer.
Types of insurance omission
There are several types, the main ones are:
1. Dolosa
The insured person intentionally omit (with dolo) information relevant to obtain undue benefits or avoid an increase in the insurance premium.
For example, do not declare a pre-existing disease in a health insurance to obtain coverage in case of medical treatment.
The consequences can lead to termination of the contract, rejection of the sinister or even legal actions by fraud.
2. Negative
The omission occurs in a way involuntary for neglect, oblivion or lack of knowledge of the insured, without intent to deceive.
For example, do not inform the insurer of a major reform in an insured housing.
The consequences can lead to a limitation of coveragereduction of compensation or even exclusion from the claim if the change had altered the terms of the contract.
Common leave in the contract may be not to mention prior diseases or to hide a prior claim when contracting, not to report changes in the house or driver of the vehicle or not to report the claim within the prescribed time limit, among others.
To avoid omissions, we must read the policy carefully, declare all the information complete and truthful, report relevant changes, report claims as soon as possible and always work with the insurer.
In conclusion, the omission is a fundamental concept in the world of insurance, as it can directly affect the validity of a policy and the rights of the insured. Both malicious and negligent omissions can have serious legal consequences, since the Cancellation the contract until the reduction of compensation.
Being transparent, diligent and fulfilling contractual duties are essential practices to avoid problems arising from insurance failure. The insurance-insurance relationship is based on the good faith, and any relevant lack of action can seriously compromise that trust.
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