Análisis constitucional del art. 42 de la Ley General de Seguros.

Abstract

This paper is about the study of the article 42 of the Ecuadorian General Insurance Law, emphasizing the possible violation of certain constitutional principles and rights enshrined in the Constitution, because this article contemplates a sui generis requirement for the possibility to propose a contentious administrative claim by the insurer, after the expedition of the resolution of the Superintendence of Companies, Securities and Insurance on the occasion of an administrative claim proposed by the insured against the insurance Company in order to receive the payment deserved of the claim. The study is based on the deepening of the constitutional concepts that touch the background of this practical problem in an objective manner, being these principles such as the principle of equality, the principle of proportionality and the right to effective judicial protection, so that my readers have a clear perspective regarding the constitutional interpretation that should be given to the article 42 of the General Insurance Law.