Insurance contract: contradiction between clauses, obscure clauses and just cause for exclusion of interests ex art. 20 LCS

Abstract

In this paper, the main types of clauses included in an insurance contract are examined, from the perspective of this being one of the most frequent and paradigmatic practical examples of adhesion contracts. The most important specific characteristics of these clauses (general, particular, limiting risk and limiting rights) are examined, particularly the formal legal requirements for their control and as protection of the adherent policyholder of the insurance; and likewise it is concluded about the solution to a possible contradiction between clauses or an obscure or confusing wording. Likewise, the existing consolidated jurisprudential doctrine is analyzed in relation to the justifying causes of exemption to the insurer from the payment of default interest of article 20 LCS; causes that are subject to a very restrictive interpretation, especially if the disputed judicial process between the insurer and the injured insured brings about the contradiction or obscurity in the clauses of the contract created by the insurer itself.