Practical Problems of Professional Liability Insurance: Medical Liability (Problemas De Aplicación Del Seguro De Responsabilidad Civil Profesional En Su Modalidad De Responsabilidad Médica)
Revist@ e-mercatoria, Vol. 7, No. 2, 2008
47 Pages Posted: 25 Oct 2009
Date Written: 2008
Abstract
The Insurance of Professional Liability is a subject that has acquired relevance due to the problematic given by practical cases, thus, we see in this matter the subject of analisys of the present article. The application of the litigation principle of oppositions, the rights of the victim as beneficiary of the indemnification, the claims made clauses introduced into Colombian legislation by Act 389/1997 and the risks that can be insured under this modality. We also give a perspective of a new debated subject: Professional Liability as a rigorous manifestation of the general regime of contractual and non contractual civial liability.
Keywords: Civil Liability, Insurance, Clauses Claims Made, Opposability of Exceptions
JEL Classification: K13, K29, K41
Suggested Citation: Suggested Citation