La cláusula abusiva más corriente de los seguros de comunidad
Cómo ya dijimos en otro post, lo importante es tener un seguro particular de la vivienda que asegure el continente (que es el conjunto de paredes, puertas, instalaciones fijas, cimentaciones, etc. de una edificación), y si existe éste, el comunitario sobra. El seguro «particular» también cubre las partes comunes del edificio que le corresponden como copropietario.
También comentábamos que el seguro comunitario, que básicamente cubre todo el «continente» del edificio, tanto se trate de partes comunes como privativas de cada una de las viviendas, tiene muchísimas más restricciones en cuanto a coberturas frente a los «privativos».
La cláusula abusiva
Casi todos los seguros de la comunidad tienen una cláusula que excluye aquellos elementos que no sean de origen de la edificación. Y ¿dónde está el abuso e incongruencia?
Con esta cláusula las aseguradoras sólo quieren cubrir aquellos elementos de «continente» originales de cuando se construyó el edificio. Esto quiere decir que, si hay un accidente y uno de los copropietarios se reformó el piso y la reforma no es de origen, puesto se ha instalado nuevos suelos de parqué cuando eran de terrazo, ha puesto unas puertas mejores a las preexistentes, etc, el seguro no lo quiere pagar.
Pero la incongruencia viene cuando los seguros quieren que sigas un mantenimiento adecuado del edificio. Esto significa que deberás cambiar la instalación eléctrica de hace 50 años, cambiar las viejas tuberías de fibrocemento por unas actuales, renovar las tuberías de plomo del gas o del agua por cobre o PET, etc. Por tanto, ¿cómo «concuerda» la «exigencia» de las aseguradoras de mantener y hacer las mejoras necesarias o incorporaciones de nuevos elementos de continente para evitar siniestros, y que luego ese mismo seguro te excluya esas mejoras o incorporaciones? Pues la cuestión es que no se entiende.
Y algunos seguros hacen esto porque a la hora de pagar no quieren indemnizar los elementos de continente añadidos por cada uno de los copropietarios como sería aires acondicionados, parqué, puertas nuevas y mejores, etc. Una auténtica barbaridad cuando se trata de seguros a valor estimado, y además la Ley 50/1980 permite aplicar infraseguros en caso que se den. Por tanto este tipo de cláusula es del todo abusiva.
Por eso, casi todos los jueces entienden, con muy buen criterio, que los elementos «de origen» no son los de fecha de construcción sino que son aquellos que ya estaban cuando se contrató el seguro, o sea, todos aquellos que existían anteriormente a la fecha de contratación del seguro. Esto sucede porque entienden que el seguro ya sabía lo que aseguraba, y si acaso, todo lo incorporado tras la fecha de contratación, como se trata de una «variación del riesgo», podríamos entender que no entraría. Que en ClaimCenter no estamos de acuerdo ni con eso ya que en los seguros de hogar no ocurre esta situación y los de comunidades sí cuando se trata del mismo tipo de riesgo. Es inaudito.
Recomendaciones de ClaimCenter
Tener seguros privativos que aseguren bien tu continente, y pocos o ninguno de comunitario.
Si queréis tener uno comunitario, que asegure el continente del edificio, debéis cambiar anualmente de compañía de seguros. Jamás repetir con la misma aseguradora. De este modo, y en caso de siniestro, la aseguradora deberá cubrir todos los elementos de continente existentes hasta la fecha de contratación del seguro, además de cubrir la responsabilidad civil derivada de accidentes provocados por esos elementos de continente.
Conclusión
Hay que tener en cuenta que esta cláusula que limita a aquello que sea «de origen» es del todo abusiva, y la interpretación que habitualmente hacen los jueces es del todo acertada, aunque si fuera por ClaimCenter la prohibiríamos y la equipararíamos a la de las pólizas del hogar, puesto se trata de seguros a valor estimado, y la incorporación de nuevos elementos de «continente» casi nunca aumentan o disminuyen de manera substancial el riesgo. Si acaso se aplica un «infraseguro» a esa vivienda en caso que esté insuficientemente asegurada, pero jamás excluir el pago de la prestación por no ser aquello «de origen». Es un auténtico timo.
UpvoteRocket is the #1 automated voting service for private MMORPG servers. Climb toplist rankings on XtremeTop100, TopG, GTop100 with smart undetectable automation. Ragnarok, WoW, Mu Online & 20+ platforms supported. Pay only for delivered votes.
I have read several good stuff here. Definitely worth bookmarking for revisiting. I surprise how much effort you put to create such a fantastic informative site.
I was curious if you ever considered changing the layout of your site? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having one or 2 pictures. Maybe you could space it out better?
UpvoteRocket is an automated vote delivery service for game server toplist websites. Buy votes for 25+ supported ranking sites including XtremeTop100, GTop100, TopG, MMtop200 and more. Real mobile proxy IPs, pay per vote, instant campaign setup.
Wonderful website. A lot of useful information here. I am sending it to several friends ans additionally sharing in delicious. And certainly, thank you on your effort!
Thanks for your post. I also feel that laptop computers have gotten more and more popular lately, and now are sometimes the only kind of computer included in a household. Simply because at the same time that they are becoming more and more economical, their processing power keeps growing to the point where these are as strong as desktop through just a few years back.
There is noticeably a bundle to find out about this. I assume you made certain nice factors in features also.
Looking for the Best Drive School of Motoring? Get expert driving lessons at best driving school for affordable and quality driving instruction.
Thanks for your post on this website. From my personal experience, there are occassions when softening up a photograph could provide the photographer with a dose of an artsy flare. Many times however, the soft cloud isn’t precisely what you had at heart and can usually spoil a normally good photograph, especially if you consider enlarging this.
Thank you for your sharing. I am worried that I lack creative ideas. It is your article that makes me full of hope. Thank you. But, I have a question, can you help me?
What i do not realize is actually how you’re not actually much more well-liked than you might be right now. You’re very intelligent. You realize therefore significantly relating to this subject, made me personally consider it from a lot of varied angles. Its like men and women aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs outstanding. Always maintain it up!
Wonderful goods from you, man. I’ve understand your stuff previous to and you are just too fantastic. I actually like what you’ve acquired here, certainly like what you’re saying and the way in which you say it. You make it entertaining and you still care for to keep it sensible. I can’t wait to read much more from you. This is actually a great web site.
It is the best time to make a few plans for the longer term and it is time to be happy. I have read this submit and if I may I want to counsel you some attention-grabbing issues or tips. Maybe you could write subsequent articles relating to this article. I wish to learn more issues about it!
I have noticed that online education is getting preferred because attaining your college degree online has developed into popular option for many people. Quite a few people have not necessarily had a possible opportunity to attend a conventional college or university yet seek the increased earning possibilities and a better job that a Bachelor Degree provides. Still other folks might have a diploma in one field but want to pursue some thing they already have an interest in.
Hey There. I found your blog using msn. That is a really neatly written article. I?ll make sure to bookmark it and return to read extra of your helpful information. Thank you for the post. I?ll definitely return.
hello!,I like your writing very a lot! proportion we keep up a correspondence more approximately your post on AOL? I require an expert in this space to solve my problem. May be that’s you! Taking a look ahead to peer you.
I will right away seize your rss feed as I can’t to find your e-mail subscription hyperlink or e-newsletter service. Do you have any? Kindly permit me realize in order that I could subscribe. Thanks.
The very heart of your writing whilst appearing agreeable at first, did not work well with me after some time. Somewhere throughout the sentences you were able to make me a believer but just for a short while. I still have got a problem with your leaps in assumptions and you would do nicely to help fill in those breaks. When you can accomplish that, I will undoubtedly end up being amazed.
Very great post. I simply stumbled upon your weblog and wished to say that I have truly loved browsing your blog posts. After all I?ll be subscribing to your feed and I hope you write again soon!
The things i have generally told persons is that when looking for a good on-line electronics retail store, there are a few variables that you have to take into account. First and foremost, you want to make sure to locate a reputable along with reliable shop that has gotten great testimonials and classification from other people and business world advisors. This will make sure that you are getting through with a well-known store that gives good support and aid to its patrons. Thanks for sharing your notions on this weblog.
affordablecanvaspaintings.com.au is Australia Popular Online 100 percent Handmade Art Store. We deliver Budget Handmade Canvas Paintings, Abstract Art, Oil Paintings, Artwork Sale, Acrylic Wall Art Paintings, Custom Art, Oil Portraits, Pet Paintings, Building Paintings etc. 1000+ Designs To Choose From, Highly Experienced Artists team, Up-to 50 percent OFF SALE and FREE Delivery Australia, Sydney, Melbourne, Brisbane, Adelaide, Hobart and all regional areas. We ship worldwide international locations. Order Online Your Handmade Art Today.
Hi, i think that i saw you visited my blog thus i came to ?return the favor?.I am attempting to find things to improve my web site!I suppose its ok to use a few of your ideas!!
One thing I would really like to reply to is that fat burning plan fast may be possible by the right diet and exercise. An individual’s size not simply affects the look, but also the actual quality of life. Self-esteem, depression, health risks, and also physical ability are influenced in fat gain. It is possible to just make everything right and still gain. If this happens, a medical problem may be the offender. While a lot of food instead of enough body exercise are usually at fault, common health conditions and widely used prescriptions could greatly add to size. Thanks alot : ) for your post in this article.
We’re a group of volunteers and opening a new scheme in our community. Your website provided us with valuable information to work on. You have done an impressive job and our whole community will be thankful to you.
Audio started playing anytime I opened this web-site, so frustrating!
I have not checked in here for some time as I thought it was getting boring, but the last few posts are great quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂
I appreciate, cause I found just what I was looking for. You’ve ended my 4 day long hunt! God Bless you man. Have a nice day. Bye
One important thing is that while you are searching for a student loan you may find that you’ll need a cosigner. There are many conditions where this is true because you will find that you do not possess a past credit rating so the lender will require that you have someone cosign the loan for you. Great post.
Your article helped me a lot, is there any more related content? Thanks!
I would like to thank you for the efforts you have put in writing this blog. I am hoping the same high-grade web site post from you in the upcoming as well. Actually your creative writing skills has inspired me to get my own blog now. Actually the blogging is spreading its wings rapidly. Your write up is a good example of it.
This website can be a walk-by for the entire data you wished about this and didn?t know who to ask. Glimpse here, and you?ll undoubtedly uncover it.
Hi there I am so happy I found your website, I really found you by error, while I was looking on Yahoo for something else, Anyhow I am here now and would just like to say thanks for a incredible post and a all round thrilling blog (I also love the theme/design), I don’t have time to look over it all at the minute but I have saved it and also added in your RSS feeds, so when I have time I will be back to read a lot more, Please do keep up the excellent job.
I used to be more than happy to search out this internet-site.I wished to thanks for your time for this excellent learn!! I undoubtedly having fun with each little little bit of it and I have you bookmarked to take a look at new stuff you blog post.
Your point of view caught my eye and was very interesting. Thanks. I have a question for you.
I just could not depart your site before suggesting that I really enjoyed the standard information a person provide for your visitors? Is gonna be back often to check up on new posts
One more thing I would like to say is that in lieu of trying to fit all your online degree classes on days and nights that you finish work (as most people are worn out when they get home), try to receive most of your lessons on the week-ends and only a couple of courses in weekdays, even if it means taking some time away from your weekend. This is fantastic because on the saturdays and sundays, you will be extra rested in addition to concentrated for school work. Thanks a bunch for the different ideas I have figured out from your site.
It?s actually a great and useful piece of info. I?m satisfied that you shared this useful information with us. Please keep us up to date like this. Thank you for sharing.
Thanks for your write-up. I also feel that laptop computers are getting to be more and more popular today, and now are usually the only type of computer utilised in a household. This is due to the fact that at the same time that they are becoming more and more cost-effective, their computing power keeps growing to the point where there’re as potent as pc’s from just a few years back.
Sweet blog! I found it while surfing around on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Many thanks
I really appreciate this post. I have been looking everywhere for this! Thank goodness I found it on Bing. You have made my day! Thanks again
I have realized that online degree is getting preferred because attaining your degree online has developed into popular solution for many people. A huge number of people have never had a possible opportunity to attend a traditional college or university nonetheless seek the elevated earning possibilities and career advancement that a Bachelor’s Degree grants. Still some others might have a degree in one field but want to pursue a thing they already have an interest in.
As I site possessor I believe the content material here is rattling wonderful , appreciate it for your efforts. You should keep it up forever! Best of luck.
Good day! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa? My blog addresses a lot of the same topics as yours and I think we could greatly benefit from each other. If you are interested feel free to shoot me an email. I look forward to hearing from you! Great blog by the way!
Heya are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you need any coding knowledge to make your own blog? Any help would be really appreciated!
We’re a group of volunteers and opening a brand new scheme in our community. Your web site provided us with valuable info to work on. You have performed a formidable process and our entire neighborhood will probably be grateful to you.
I really like your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz respond as I’m looking to create my own blog and would like to find out where u got this from. thanks
Hi there, just became aware of your blog through Google, and found that it’s truly informative. I am going to watch out for brussels. I?ll be grateful if you continue this in future. Numerous people will be benefited from your writing. Cheers!
It’s wonderful that you are getting ideas from this piece of writing as well as from our discussion made at this time.
Your point of view caught my eye and was very interesting. Thanks. I have a question for you.
Your article helped me a lot, is there any more related content? Thanks!
Thank you for your sharing. I am worried that I lack creative ideas. It is your article that makes me full of hope. Thank you. But, I have a question, can you help me?
Fantastic blog article.Really thank you! Will read on…
913304 395037Hey! Good stuff, do tell us when you post something like that! 452139
455300 190414I got what you intend,bookmarked , really good internet site . 591807
29584 404817Wonderful beat ! I would like to apprentice whilst you amend your web internet site, how can i subscribe for a blog site? The account helped me a applicable deal. I had been tiny bit acquainted of this your broadcast provided shiny transparent concept. 255309
468082 693215I will tell your pals to visit this internet site. .Thanks for the post. 138194
339411 609789Wohh exactly what I was looking for, regards for putting up. 614882
241274 196459I was looking for this. Genuinely refreshing take on the info. Thanks a whole lot. 626480
331060 976989Any person several opportune pieces, it comes surely, as effectively as you bring in crave of various the numerous other types of hikers close to you with hard part your question. pre owned awnings 952244
843829 303379Glad to be 1 of several visitants on this awful site : D. 756026
549086 654684I like this site because so a lot beneficial stuff on here : D. 396528
324898 694145I would like to see more posts like this!.. Wonderful weblog btw! reis Subscribed.. 77574
959586 784872Normally the New york Weight Loss diet is undoubtedly less expensive and flexible staying on your diet scheme intended for measures nevertheless fast then duty keep a nutritious day-to-day life. weight loss 135556
627088 877774I truly treasure your piece of work, Excellent post. CHECK ME OUT BY CLICKING MY NAME!!! 443806
52599 394268Real instructive and wonderful anatomical structure of articles , now thats user pleasant (:. 351567
170112 300588Extremely usefull weblog. i will follow this blog. maintain up the good work. 576139
82442 615108Lovely sharp post. Never considered that it was that simple. Praises to you! 519309
213321 257502Hello Guru, what entice you to post an article. This article was extremely intriguing, particularly since I was searching for thoughts on this topic last Thursday. 899673
201481 292543After study several with the weblog articles for your website now, and that i truly like your method of blogging. I bookmarked it to my bookmark internet site list and are checking back soon. Pls consider my internet site too and inform me what you consider. 258189
Your article helped me a lot, is there any more related content? Thanks!
44971 707360Wonderful post, I conceive internet site owners ought to larn a good deal from this internet site its really user friendly . 957426
83940 417020The book is wonderful, but this review is not exactly spot-on. Being a Superhero is much more about selecting foods that heal your body, not just eating meat/dairy-free. Processed foods like those mentioned in this review arent what Alicia is trying to promote. In case you arent open to sea vegetables (and yes, Im talking sea weed), just stop at vegan. 731109
879319 922872Its truly a cool and useful piece of information. Im glad which you merely shared this beneficial information with us. Please stay us informed like this. Thank you for sharing. 234716
40321 120617View the following guidelines less than and locate to know how to observe this situation whilst you project your home business today. Earn money from home 322694
68532 153890very good day, your site is actually unquie. Anways, i do appreciate your function 149912
161692 565381Hey, you?re the goto expert. Thanks for haingng out here. 761962
968179 56856Intersting post and website. Very good that Google listed so i was able to get here. This internet site will go no in my bookmarks from now. 33260
681129 42686A thoughtful insight and concepts I will use on my web site. Youve naturally spent some time on this. Congratulations! 247907
852801 877485I genuinely enjoy examining on this internet website , it has got fantastic posts . 604738
5529 809954I certainly did not realize that. Learnt 1 thing new today! Thanks for that. 805153
216948 628101Jane wanted to know though your girl could certain, the cost I simply informed her she had to hang about until the young woman seemed to be to old enough. But the truth is, in which does not get your girlfriend to counteract using picking out her very own incorrect body art terribly your lady are usually like me. Citty style 713384
367525 432217Interesting point of view. Im curious to believe what type of impact this would have globally? Sometimes folks get a bit upset with global expansion. Ill be around soon to look at your response. 990308
811177 40834Some truly wondrous function on behalf with the owner of this internet site, perfectly excellent topic material . 369138
825709 64389You must get involved in a contest first of the greatest blogs more than the internet. Ill recommend this page! 583081
55937 735444Im agitated all these post directories. It sure would be nice to have every write-up directory that instantly accepts articles. 362600
28942 211180Enjoyed examining this, very good stuff, thanks . 35211
Muy ilustrativo, porque en muchas ocasiones el asegurado se queda «colgado» por no
tener idea de cuál vá a ser la «pega» que van nó a encontrar, sino buscar para justificar la no acción de la compañia de turno.
muchas gracias