An insurance company must pay the compensation provided for in a policy because the insured client, when she declared on her state of health, could ignore that it was diabetic, as stated in a sentence issued by the Provincial Court of Murcia.
The sentence dismisses in this way the appeal that Cajamar Vida presented against the resolution of a Court of First Instance of San Javier (Murcia) that condemned her to pay the heirs of the deceased 6,800 euros for the life insurance she had agreed.
The newspaper La Truth de Murcia tells, that in her appeal the defendant claimed that she hid the disease she suffered when the policy was signed, so she was empowered to reduce the compensation to be paid.The Chamber, by dismissing the resource, indicates that it is the duty of the insurers to write the health questionnaire in the proper way, to avoid these situations.
And he adds that "in this case we find a questionnaire that, due to its form, was filled by the Caja Mar employee, answering the insurance policyholder to all the questions that were asked."
The court explains, on the other hand, that "diabetes is a disease, or, better, a non -painful organic defect, which allows many people to live normally without knowing their existence";And it also indicates that in these judicial actions no medical file, expert or documentary appeared, that the insured knew that she suffered diabetes at the time she answered the health questionnaire, which was signed four years before her death.
The sentence concludes that "it cannot be considered that the same will hide the existence of diabetes, because the bad faith of the Insurance Taking cannot be ensured, not being able to ensure that he knew such suffering."
