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- Title
LA COBERTURA DE INCAPACIDAD TOTAL Y PERMANENTE A LA LUZ DE LA NORMATIVA COSTARRICENSE -- UNA PROPUESTA DE ESTANDARIZACIÓN.
- Authors
BREEDY ARGUEDAS, SAID; MORENO ARROYO, ANDREA
- Abstract
The Total and Permanent Disability coverage (TPD) includes within the configuration of the claim several elements that together force the insurance company to indemnify. Based on the Costa Rican legislation, the configuration of the claim is analyzed for accident and disability insurance, its delimitation of coverage, period of occurrence, the limitation of pre-existences and factors such as disputability, all expressly regulated in the Insurance Contract Regulatory Law (Law 8956), to then confirm that there are some differences in the general conditions with respect to what we consider the ideal approximation with respect to the interpretation of the law. The theory of "adequate causality" is also addressed in order to confirm that the elements: i.) event (accident or disease) that cause injury with some degree of disability and ii.) the declaration of TPD must take place within a certain window of time for the configuration of the claim.
- Subjects
INSURANCE policies; DISABILITY insurance; ACCIDENT insurance; INSURANCE companies; CONTRACTS
- Publication
Revista Ibero-Latinoamericana de Seguros, 2022, Vol 31, Issue 57, p49
- ISSN
0123-1154
- Publication type
Article
- DOI
10.11144/Javeriana.ris57.citp