El deber de declaración del riesgo y sus agravaciones en el seguro de enfermedad

Resumen

At January 1 2016 has entered into force the LCS reformation, promoted by the LOSSEAR. Among the reforms that have been doneit has particular importance for its practical dimension the addition of a paragraph 2 to Article 11: «In the personal insurance the policy holder or the insured has no obligation to inform the variation of the circumstances relating to the insured health status, which they will be never considered aggravation of the risk.» A clarification of great importance is introduced, to respond to a worry which was latent in the sector, generating situations of vulnerability for the insured. With this reform of the LCS concludes the detachment of the evolution of the state of health of the insured, once celebrated the contract of the duty tocommunicate the aggravations of the risk. It is a question of the normative information that it is going to have practical relevant trascendency, deepening in the always claimed and never enough protection of the insured for what we think that it is a question with the sufficient relevancy as to be studied by the advances that it is going to suppose in the contracting of the health insurance, taking into account that in the life insurance it was treating about a question that was already raised with hardly any discussion in the doctrine. It will be necessary to wait, nevertheless, to the future behavior of the insurance entities in the matter andif they are going to proceed to an extention of the clauses of exclusion of risks related with the health of the insured