Indecopi: they order activation of tax credit insurance for the wife of a consumer who died from COVID-19

He National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) ordered the company Protecta SA to activate the tax credit insurance in favor of the wife of a member who died from COVID-19 in 2021. According to the resolution issued by the Specialized Consumer Protection Chamber of the Court of said entity, the insurer denied coverage without justification, arguing that the cause of death was excluded from the insurance policy.

Likewise, said Chamber sanctioned the insurance company with a fine of more than S/50,000 for violating article 19 of the Consumer Protection and Defense Code. Below, learn the reasons for this Indecopi provision, which sets an important precedent to guarantee consumer rights.

They order to activate tax credit insurance in favor of a consumer’s widow: what are the reasons?

According to resolution 2893-2023/SPC of the Specialized Consumer Protection Chamber of the Indecopi Court, the Protecta insurance company must grant coverage in favor of the widow of a consumer who died due to respiratory failure as a result of COVID-19. of the credit life insurance contracted by her husband on June 18, 2021.

By Letter 027094-2021/GTO dated August 17, 2021, the insurer had rejected coverage, alleging that all claims that occurred as a result of epidemics and mass infections of any type were excluded in accordance with the general conditions of the policy. However, the Court verified that this statement was incorrect, since COVID-19 was declared a pandemic by the World Health Organization.

Likewise, Indecopi established that, in application of the provisions of Article IV of the Insurance Contract Law, coverage exclusions must be interpreted literally and, in cases of doubt, in favor of the insured. This means that insurance companies will not be able to oppose exclusion cases to consumers that are not expressly established in the contracted insurance policy.

How much is the fine that Protecta must pay?

The Specialized Consumer Protection Chamber of Indecopi sanctioned Protecta SA with a fine of 11.6 UIT, which is equivalent to S/57,420, using the methodology for its calculation that is established in Supreme Decree 032-2021-PCM, which It is valid from June 14, 2021.

Likewise, resolution 0674-2022/INDECOPI of August 25, 2022, which was issued by the Commission of the entity’s Regional Office in Arequipa, and which had declared the complaint against Protecta unfounded, is revoked. Consequently, the violation of article 19 of the Consumer Protection and Defense Code is justified, which establishes the responsibility of suppliers for the suitability and quality of the products and services they offer in the market.

Finally, the insurance company is ordered to pay the costs and costs of the procedure in favor of the complaint, and it is ordered to present to the Commission of the Indecopi Regional Office of Arequipa the evidence that proves compliance with the corrective remedial measure within a maximum period of five business days, from the expiration of the date granted for this purpose.