¿Hay que cobrar la indemnización por Covid-19 del Consorcio?
La pandemia Covid-19, y la consecuente Declaración del Estado de Alarma por parte de todos los gobiernos del mundo, no solo el español, es un evento extraordinario en su conjunto. Se trata del mayor siniestro global del siglo XXI. Es un hecho accidental e imprevisible que ha provocado el cese parcial o total de muchísimas actividades mercantiles.
Para que la enfermedad no se extendiera, proteger la salud pública y evitar que colapsara el sistema sanitario, y para evitar un desastre económico mayor del que se ha producido, los gobiernos del mundo han tenido que restringir la libre circulación de las personas decretando el estado de alarma, y obviamente ello ha afectado la actividad de muchas empresas y trabajadores autónomos.
El Covid-19 y la declaración del estado de alarma, un siniestro extraordinario
Obviamente la pandemia del Covid-19, y la consecuente declaración del estado de alarma es un siniestro o hecho extraordinario que ha provocado daños, entre ellos económicos, por las siguientes razones:
- Que es un hecho extraordinario no hace falta explicarlo, ya que todo el mundo estamos de acuerdo que lo es, tanto por el alcance de su impacto y consecuencias, como por su extensión y periodicidad en el tiempo.
- Que se trata de un siniestro tampoco hay ninguna duda, porque es un hecho accidental, imprevisible, virulento y totalmente ajeno a la voluntad de las personas.
Los siniestros extraordinarios y los seguros: El Consorcio de Compensación de Seguros
Como ya comentamos en otra publicación, en España estamos asegurados con dos aseguradoras. Por un lado la aseguradora ordinaria y por otra con el Consorcio de Compensación de Seguros donde esta última se ocupa de indemnizar los daños y pérdidas derivados de riesgos extraordinarios y donde su área de actuación viene recogida en un Reglamento de Riesgos Extraordinarios.
Pero su Reglamento recoge coberturas tan poco probables, por las cuales pagamos prima, como es indemnizar daños como consecuencia de un volcán, maremoto, caída de aerolito o inundación de pisos en alto, que no han ocurrido ni ocurrirán jamás. Por ello entendemos que es obvio que apelando a la naturaleza y objeto del Consorcio de Compensación de Seguros, éste debería cubrir de manera explícita los daños y pérdidas económicos derivados de una pandemia y/o de la declaración del estado de alarma por parte del gobierno.
Activar la garantía de lucro cesante
Para activar la garantía de lucro cesante o pérdida económica emergente, todas las aseguradoras, incluido el Consorcio de Compensación de Seguros, la condicionan a que haya la existencia de un daño material o lesión previa.
Puesto jamás se les hubiera ocurrido que una pandemia pudiese provocar esa pérdida de beneficios sin causar daños materiales, resulta que en el reglamento del Consorcio de Compensación de Seguros no viene recogido de manera explícita activar la garantía de pérdida de beneficios sin que existan daños. Pero lo que sí viene recogido en el reglamento y se considera un daños directos sobre los bienes sin serlo, es la destrucción o deterioro, a consecuencia de un acontecimiento extraordinario, de las vías inmediatas de acceso a un bien propiedad del asegurado, que impidan acceder a éste, constituyen un daño directo a dicho bien, aún cuando las vías de acceso no estuvieran aseguradas. Pues el impedimento coercitivo por parte de las Fuerzas y Cuerpos de Seguridad del Estado de utilizar estas vías de acceso para acudir a los negocios y desarrollar la normal actividad se asimila perfectamente al escenario que enumera el reglamento para dar cobertura al siniestro y activar la garantía de Lucro Cesante.
Falta de cobertura
Por tanto es innegable que no es de justicia material que el Consorcio de Compensación de Seguros diga que técnicamente no ampara las pérdidas económicas de las empresas o autónomos que tienen contratado un seguro que cubre su lucro cesante, cuando resulta que han sido como consecuencia de un riesgo extraordinario gigantesco, y donde el objeto del Consorcio de Compensación de Seguros es cubrir justamente estos tipos de siniestros. Y para dar mayor seguridad jurídica en que la circunstancia actual queda cubierta por el Consorcio de Compensación de Seguros, el gobierno debería modificar el reglamento de riesgos extraordinarios incluyendo los daños y pérdidas económicos derivados de una pandemia y de la consecuente declaración del estado de alarma.
¿Se puede reclamar?
Si tienes un seguro que cubre en alguna de sus formas el lucro cesante y quieres encontrar una oportunidad para reclamar tus pérdidas al Consorcio de Compensación de Seguros, contacta con nosotros al correo legal@claimcenter.com.
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