Resumen

VASQUEZ PALMA, María Fernanda. REVIEW OF THE LEGAL PROTECTION OF THE INSURED UNDER CHILEAN LAW: A CRITICAL ANALYSIS OF THE APPLICABLE LEGAL FRAMEWORK. Rev. derecho (Concepc.) [online]. 2021, vol.89, n.249, pp.87-127. ISSN 0303-9986.  http://dx.doi.org/10.29393/rd249-3rtmv10003.

Recognizing that insurance is normally embodied in a contract of adhesion and that insured persons are generally consumers, the Chilean legislator amended the insurance regulations in 2013, starting with the issuance of Law 20.667, inserting some tutelary mechanisms of the weak contractor, among which stand out: the imperative (article 542 of the Code of Commerce, hereinafter Cco.), the configuration and deposit of policies, a procedural channel such as arbitration, etc. However, after analyzing the legal status as a whole, we have to conclude that the protection provided is fair, disjointed and inefficient, which would allow us to affirm that the 2013 reform in the field of insurance did not achieve the goal set. For this reason, we intend to unveil the reasons behind this, to conclude with some proposals for a solution.

Palabras clave : Insurance contract; Contract of adhesion; Consumer; Imperativity; Consumer law; Chilean protective statute.

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