Terminará el plazo para reclamar las pérdidas de empresas por el Covid19
Fuimos los primeros de España que lo dijimos: que las aseguradoras ordinarias, en muchos casos, deberían pagar el lucro cesante (pérdidas) debido a la declaración el estado de alarma por causa del Covid19. Y como dijimos, según el tipo de contrato de seguro y cómo estuvieran aceptadas o descritas las cláusulas limitativas de los derechos del asegurado, cabía la posibilidad de que acabaran teniendo que pagar y así está sucediendo. Los jueces nos están dando la razón frente aquellos «sabios» y “súper expertos” que nos decían, y siguen diciendo, que estábamos locos.
Ellos decían y siguen diciendo que no. Que las aseguradoras no deben pagar la falta de ingresos debido al Covid19 bajo ningún concepto. Incluso te lo dice tu mediador, aquél que dice defenderte.
¿Cuándo prescribe el derecho a reclamar la pérdida?
¿Y esto se va a acabar? Sí. El artículo 23 de la Ley 50/1980 de Contrato de Seguro dice que “Las acciones que se deriven del contrato de seguro prescribirán en el término de dos años”. Por tanto, si se declaró el estado de alarma el 14 de marzo de 2020 (Real Decreto 463/2020), y tras sucesivas prórrogas venció el 9 de noviembre de 2020, podrás presentar la reclamación como muy tarde el 13 de marzo de 2022 para ser precavido. Y si no lo haces, no tendrás la posibilidad de resarcir esa pérdida de ingresos que por tener cerrado tu negocio o también la pérdida del alquiler debido al cierre de la actividad mercantil de tu inquilino.
¿Quien puede reclamar la pérdida de ingresos por el Covid19?
Os recordamos que podéis reclamar por dos tipos de coberturas:
- Cobertura o seguro de pérdida de ingresos, gastos generales permanentes, lucro cesante o pérdida de beneficios. Esta cobertura la tenéis todos aquellos que tenéis un seguro de empresa, comercio, pequeña y mediana empresa, gran empresa o actividad mercantil y que tenéis contratada la cobertura específica en vuestro contrato de seguro.
- Cobertura o seguro de pérdida de alquileres. Esta cobertura la tenéis todos aquellos propietarios que tenéis arrendado vuestro local a alguien que desarrolla una actividad comercial, empresarial o mercantil que tuvo que cerrar temporalmente su negocio y tuvisteis que bajarle el alquiler o bien condonárselo y que tenéis cualquier tipo de seguro que asegura el continente, o sea la parte de edificación. Por tanto si eres un propietario que tenía un seguro del edificio o continente, consulta con nosotros.
¿A qué seguro debo reclamar?
Debes reclamar al seguro que tuvieras contratado en el momento de la declaración del estado de alarma. Y aunque hayas cambiado de aseguradora no pasa nada. Se puede reclamar a la que tenías en aquél entonces durante el periodo que te hemos indicado. No te duermas.
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