A Half-Truth, Is it a Lie? Reluctance in the Insurance Contract

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How transparent should I be when reporting a claim to the insurer? If it is true that the Law moves in the world of nuances, the reader will understand that a plain and simple answer is not possible, nor is it possible in white on black. If something is clear in the current state of our Law, it is that the borders between reluctance, lack of transparency and bad faith are usually glassy.

Let’s get to the facts. In the midst of torrential rain, on January 7, 2019, the reported incident occurred. The insured vehicle had become stuck in the middle of a huge puddle of water when trying to cross a bridge overflowing due to heavy rains. That same day the accident was reported by telephone, indicating that the vehicle was driven by a certain person – let’s say “Héctor” – and that he was traveling alone. The next day, Héctor’s son, let’s say “Joselo”, called the insurer to rectify the complaint (first there was talk of expanding it) and to say that he was driving, but that the car was in the name of his father; It was also stated that a companion was traveling in the back seat. When they told Joselo that they were going to take the complaint in person,

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