Responsibility of the insurer for the delimitation of risk in the insurance contract

Abstract

The delimitation of the risk covered in the insurance policy is a relevant aspect of this type of contract. It is a determination that is carried out in a pre-contractual phase and in which the questionnaire to which the policyholder is subjected by the insurance company through its agents is the key element: as established in article 10 of the insurance contract law and in jurisprudence, the duty of the policyholder for the delimitation of risk is simply the answer to that questionnaire in the specific terms in which it was raised, being the responsibility of the insurer that the questionnaire be complete, clear and specific in relation to each and every one of the circumstances that the insurer considers relevant for the delimitation of the covered risk; the lack of questionnaire and the defects in it of clarity or omissions in the specific questions about antecedents, pathologies, etc… can only be repercutibles and attributable to the insurer, who can not evade its responsibility in case of production of the accident or event.