The Insurance Act
That the insured pays the compensation is subrogated by this fact the actions and rights of the insured against third parties responsible for the loss, up to the amount of compensation. The insured to the extent possible, should facilitate and assist the action of the insurer against third parties responsible for the loss, being responsible for any act prejudicial to the private rights of subrogation arising i Exceptions (art. 1061). – The insurer is not entitled to subrogation against persons who are relatives or dependence with the insured. If there is bad faith provision is not applicable.
i Budget. – Payment of Compensation. a Expertise. – (1036, 1037 and 1476) According to the Commercial Code in the above articles, the Expertise is not mandatory, is seen as full proof and does not preclude recourse to the courts. (1039) 1. Problem.
– Unconstitutionality of Article 19 of the Insurance Act No. 1883. This special law, requires that disputes arising from insurance technical characteristics are solved through expertise, and if not settled, would be resolved by way of arbitration. In addition to law disputes arose between the parties on the nature and scope of a contract of insurance, reinsurance, or insurance plans, will be resolved and unappealable ONLY INSTANCE, BY THE WILL OF ARBITRATION. a Seguros1 classes. Insurance of persons (art. 1121). – This type of insurance is referred directly to the person, the eventualities that may arise regarding their health, their lives, their honor or integrity.