¿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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I also believe that mesothelioma is a scarce form of many forms of cancer that is usually found in individuals previously familiar with asbestos. Cancerous tissues form inside the mesothelium, which is a protecting lining that covers many of the body’s areas. These cells generally form inside the lining from the lungs, abdomen, or the sac which actually encircles one’s heart. Thanks for discussing your ideas.
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One more thing is that when searching for a good online electronics shop, look for web stores that are continually updated, keeping up-to-date with the most current products, the perfect deals, and helpful information on products and services. This will make sure that you are getting through a shop which stays atop the competition and provides you what you should need to make knowledgeable, well-informed electronics purchases. Thanks for the important tips I’ve learned through the blog.
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Thanks for your fascinating article. One other problem is that mesothelioma cancer is generally a result of the inhalation of fibers from asbestos, which is a dangerous material. It is commonly seen among laborers in the engineering industry who may have long contact with asbestos. It’s also caused by moving into asbestos covered buildings for some time of time, Genetics plays an important role, and some individuals are more vulnerable for the risk as compared with others.
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Hmm is anyone else experiencing problems with the images on this blog loading? I’m trying to determine if its a problem on my end or if it’s the blog. Any suggestions would be greatly appreciated.
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Via my investigation, shopping for electronic devices online may be easily expensive, nonetheless there are some tips that you can use to obtain the best discounts. There are usually ways to find discount bargains that could help make one to have the best consumer electronics products at the cheapest prices. Interesting blog post.
Greetings! I know this is somewhat off topic but I was wondering if you knew where I could locate a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having difficulty finding one? Thanks a lot!
Thanks for your publication. One other thing is the fact individual states have their unique laws which affect homeowners, which makes it very hard for the Congress to come up with a whole new set of guidelines concerning foreclosure on house owners. The problem is that every state has got own legal guidelines which may have impact in a damaging manner in regards to foreclosure guidelines.
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Thanks for your advice on this blog. Just one thing I want to say is always that purchasing gadgets items over the Internet is not new. In reality, in the past 10 years alone, the marketplace for online gadgets has grown considerably. Today, you will find practically virtually any electronic gizmo and other gadgets on the Internet, including cameras along with camcorders to computer components and games consoles.
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Thanks for sharing all these wonderful threads. In addition, the ideal travel plus medical insurance program can often eradicate those worries that come with touring abroad. Some sort of medical emergency can rapidly become extremely expensive and that’s bound to quickly slam a financial problem on the family finances. Putting in place the perfect travel insurance program prior to setting off is worth the time and effort. Thanks
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Today, with all the fast lifestyle that everyone leads, credit cards get this amazing demand in the economy. Persons coming from every arena are using the credit card and people who are not using the credit card have made arrangements to apply for 1. Thanks for discussing your ideas about credit cards.
This actually answered my downside, thank you!
Thanks for your posting on this website. From my very own experience, there are occassions when softening right up a photograph could provide the photo shooter with a little an artsy flare. More often than not however, this soft clouds isn’t exactly what you had at heart and can frequently spoil an otherwise good image, especially if you thinking about enlarging this.
Thanks for giving your ideas with this blog. Likewise, a delusion regarding the lenders intentions when talking about foreclosures is that the traditional bank will not have my payments. There is a degree of time in which the bank requires payments in some places. If you are also deep in the hole, they’ll commonly demand that you pay the actual payment in full. However, that doesn’t mean that they will not take any sort of payments at all. In case you and the traditional bank can be capable to work a little something out, a foreclosure course of action may halt. However, in case you continue to pass up payments within the new plan, the foreclosure process can just pick up from where it was left off.
The other day, while I was at work, my sister stole my apple ipad and tested to see if it can survive a 40 foot drop, just so she can be a youtube sensation. My apple ipad is now destroyed and she has 83 views. I know this is entirely off topic but I had to share it with someone!
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One thing is that when you find yourself searching for a education loan you may find that you’ll need a co-signer. There are many circumstances where this is correct because you might discover that you do not possess a past credit ranking so the financial institution will require you have someone cosign the financial loan for you. Good post.
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One thing I’ve noticed is the fact that there are plenty of myths regarding the financial institutions intentions any time talking about foreclosures. One fable in particular is that often the bank prefers to have your house. The financial institution wants your hard earned cash, not your own home. They want the bucks they gave you together with interest. Preventing the bank will simply draw a foreclosed final result. Thanks for your publication.
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This site doesn’t display appropriately on my iphone 4 – you may wanna try and repair that
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Would you be fascinated by exchanging hyperlinks?
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Thanks for expressing your ideas. I would also like to convey that video games have been ever before evolving. Modern tools and innovative developments have helped create practical and fun games. These types of entertainment video games were not really sensible when the actual concept was first of all being tried out. Just like other styles of electronics, video games as well have had to progress by means of many many years. This itself is testimony for the fast growth and development of video games.
Thanks for your concepts. One thing I’ve got noticed is that often banks and financial institutions really know the spending behaviors of consumers and as well understand that many people max out their cards around the getaways. They correctly take advantage of that fact and start flooding ones inbox along with snail-mail box along with hundreds of Zero APR credit card offers soon after the holiday season ends. Knowing that should you be like 98 of the American public, you’ll jump at the chance to consolidate consumer credit card debt and switch balances for 0 rate credit cards.
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Nice read, I just passed this onto a friend who was doing some research on that. And he just bought me lunch since I found it for him smile Thus let me rephrase that: Thank you for lunch!
Thanks for the several tips contributed on this website. I have observed that many insurance providers offer buyers generous reductions if they opt to insure a couple of cars with them. A significant number of households possess several cars or trucks these days, especially those with more aged teenage kids still residing at home, and the savings with policies can certainly soon begin. So it will pay to look for a good deal.
Currently it appears like WordPress is the best blogging platform out there right now. (from what I’ve read) Is that what you’re using on your blog?
Im obliged for the blog. Awesome.
I don’t think the title of your article matches the content lol. Just kidding, mainly because I had some doubts after reading the article.
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Some genuinely great articles on this website, regards for contribution. «For today and its blessings, I owe the world an attitude of gratitude.» by Clarence E. Hodges.
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