El seguro contra el impacto ambiental y su aplicación en el Ecuador.

Abstract

Insurance law has existed since ancient times, since Greek times, it has evolved over the years and since society and the people began to travel and trade; maritime traders transported their cargo, while the owners, concerned about the risk that their goods ran at that time, joined together and shared the risk by mutually safeguarding their merchandise. Spain was one of the first communities to introduce this type of insurance, and little by little the rest of the world, arriving very recently to Latin America and specifically to Ecuador. Focusing this work on environmental matters is little developed, both the matter in general and the insurance itself, in this work take as a reference the Argentinean legislation, since it is the one that has developed this topic the most; because in our country it was introduced in the Constitution of 1998 and also in the constitution of the Republic of Ecuador, in 2008, granting and recognizing nature rights, from which principles are born and becomes a protected legal good, who gives rise to the existence of a comprehensive repair when it is affected by any type of activity that is polluting. Insurance companies currently do not have a coverage specifically for environmental liabilities, but they do offer a coverage for civil liability, which no matter how good and satisfactory it may be, does not cover all that a risk of great magnitude entails, that is why I propose this idea of "Creating these coverages" or giving clear parameters for each specific case, under certain jurisprudence and doctrine found on the subject. Moreover, the State Oil Companies, what they do is to contract with Insurance Companies that maintain specific reinsurance and cover the damages due to Environmental Remediation.