There is no fraud on the part of an insured person who silen

Dołączył: 10 Mar 2024 Posty: 1

Bankia is ordered to pay 12,000 euros to the widow of a deceased person because the pathologies that it did not report when the insurance was taken out had no determining relevance for the risk assessment

The Supreme Court issues a ruling condemning Bankia Mapfre Vida SA to pay 12,000 euros to the widow of an insured person, reasoning that the pathologies suffered by the deceased when he took out a personal loan during his lifetime Fax Lists in which death by death was established as an insured guarantee. any cause, were not related to the cause of his death .

With this ruling, the High Court establishes that there is no fraud or serious fault on the part of the insured to be able to apply art. 10 of the Insurance Contract Law when the policyholder silences or denies the existence of diseases relevant to the risk assessment, although these are not the cause of his death , since there is no causal relationship between the cause of death and the questions asked by the insured.

The ruling comes as a result of the plaintiff filing a lawsuit against Bankia Mapfre Vida exercising an action for contractual compliance and claim for amount based on a life insurance taken out by her husband in the same bank office where she also took out the personal loan. to which she was attached, and in which the insured guarantee of death from any cause was established, with an insured capital of 12,000 euros , the plaintiff being the legatee of the universal and lifelong usufruct of her deceased husband's inheritance.

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