El proceso del reclamo administrativo de seguros en el Ecuador como vía de solución de conflictos entre aseguradoras y aseguradoras

Abstract:

This paper contains a research about the insurance administrative Claim procedure in Ecuador as a means of settle insurance disputes between insured an insurer as well as the true efficiency of such mechanism. This Work also contains a brief introduction to the insurance contract, its essential elements, duties and rights of the parties; all of them necessary to provide a clear understanding of the basic insurance mechanics. The main aspects reviewed are: Conditions when an insurance administrative claim should be filed and admitted to review by the Superintendencia de Bancos y Seguros. A brief overview on alternate settlement methods, recognized by Ecuadorian legislation. A comparative law study of settling mechanisms in foreign legislations (i.e. U.K., Spain and the U.S.). and the possibilities of applying such institutions in Ecuador. The basic regulatory frame of the Superintendencia de Bancos y Seguros (the main supervisory peak of financial institutions, including insurance companies) granting the authority to review and resolve the disputes. As for conclusions; this work proves the existence of some weaknesses in the statutory framework of the administrative process that might be changed making it more efficient; as well as the possibility of implementing a different and alternate model of dispute’s settlements that duly guarantees the rights of the parties.

Año de publicación:

2010

Keywords:

• DERECHO CIVIL
• Legislación
• Ley Organica
• Juicio Penal

Fuente:

rraae