Reflexiones sobre el marco normativo de protección del consumidor de seguros, en la jurisprudencia judicial y administrativa

After eleven years of the enactment of the Insurance Contract Law, there is a relevant case history in which judicial and administrative courts have had to rule on conflicts that affected consumer rights, discerning between its application and the Consumer Protection and Defense Code. Article I of the Law yields to the supplementary application of the Code when the insured is a consumer or user, to conclude by indicating that in case of conflict, the most favorable to the consumer must always be applied, which is not necessarily found in the precepts or principles of consumer law. In this paper we reflect on the Regulatory Framework for the protection of insurance consumers, and from the citation of certain emblematic pronouncements and their analysis in the light of the positive sectoral legal principles of insurance, we seek to help establish criteria that serve the application and interpretation of the various provisions of insurance and consumer law in force. This research contains a brief description of the economic insurance operation and specific references to the corresponding regulatory standards, which help us to resolve an issue noted by the Constitutional Court in a judgment issued in file 04904-2019-PA/TC: whether the reasons for the pronouncements issued in favor of the consumer —complainant or part of a process— are correct or not from the perspective of insurance law. It is concluded that the lack of this compliance has adverse implications for the rights of consumers and not only for insurers.