Los seguros de decesos y el Covid-19
Los seguros de decesos o sepelio se ocupan de atender las gestiones de entierro o incineración del fallecido, así como los trámites burocráticos que este evento suele ocasionar. De este modo costean, entre otros, el ataúd, capilla ardiente, servicios religiosos, la sepultura, repatriación, etcétera.
A diferencia de otros países de Europa donde los seguros de decesos siempre pagan una indemnización, en España funcionan a modo de prestación de servicios, donde el asegurador subcontrata a una empresa funeraria los servicios prestados. En España, como el mercado de las funerarias son concesiones administrativas y no están sujetas a libre mercado, estos servicios son los más caros de Europa.
¿Y si no se presta el servicio o este se presta parcialmente por cualquier causa como el Covid-19?
En esta crisis del Covid-19 no ha podido prestarse el servicio en muchos casos o éste ha sido incompleto. Nos consta que algunas aseguradoras han dejado sin servicios a los familiares del fallecido. ¿Qué pasa en estos casos?
Si se trata de un seguro decesos de prestación de servicios, que son la inmensa mayoría de los casos en España, la aseguradora debe devolver al tomador o a sus herederos todas las primas liquidadas, o la parte correspondiente al servicio dejado de prestar, capitalizado (monetariamente actualizado) a la fecha de la prestación del servicio, más los intereses legales. Puesto hay muchas personas que a lo largo de los años han pagado lo equivalente a varias veces el entierro, les saldría a cobrar una buena devolución de las primas pagadas a lo largo de los años.
Dado el caso que se trate de una aseguradora donde deba hacer frente a una indemnización, se haya celebrado parcialmente o no la prestación de los servicios funerarios, deberá liquidarla íntegramente a los herederos legales.
Cláusulas abusivas y cláusulas oscuras
Y ya sabes que uno de los tipos más comunes de cláusulas abusivas en los contratos de seguro se produce cuando una de las partes, en su caso la aseguradora, se reserva el derecho a decidir algo en un contrato de adhesión dejando a la otra parte a merced de la decisión de lo que más le convenga. Esas cláusulas son nulas. Por tanto, no puede darse jamás que en un contrato de prestación de servicios el asegurador sea el que decida si te indemniza o bien te extorna la prima según sea lo que más le beneficie al asegurador.
¿Cómo valorarias a tu aseguradora?Comparte tu opinión con otros usuarios en RankiSeguros. |
Por eso, si se trata de un contrato de prestación de servicios te deberán devolver todas las primas capitalizadas de ese seguro capitalizadas más los intereses.
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