Abstract

OCAMPO CORREA, María Clara. The legal standing ad causam in the damage insurance contracts by a third party. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2019, vol.49, n.131, pp.278-302.  Epub Mar 26, 2020. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v49n131.a03.

The insurance contract for third party damage, if permitted and sparingly regulated by Colombian commercial law, presents a flaw when the claim (of an accident) is made through jurisdictional means against the insurer, since there is already a discussion regarding the legal standing ad causam between the insured third party, the beneficiary and the policyholder. The present paper analyses, in the light of the necessary concepts, the case-law of the Corte Suprema de Justicia regarding the legal standing ad causam in the damage insurance contracts by a third party, solving the flaws in favor of people with an insurable interest. The latter being an essential element to solve the debate over the subject.

Keywords : Legal standing ad causam; insurance contract; insurance contracts by a third party; insurable interest.

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