Life insurance and health questionnaire in Jaen

seguro de vida


St. Lucia ordered to pay for life insurance will not be presented as the health questionnaire


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Failure presented as health questionnaire when hiring the policy of life insurance, It presupposes the existence of overconfidence or negligence in the performance of duties by the insurance company, through its agent. You can not be attributed to the insured willful misconduct of mental reservation or gross negligence by omission of the disease or condition suffering, if not ask why.

By Section 1 of the Audiencia Provincial de Jaén, judgment was delivered on time 18 December 2019, with No Resolution 1213/2019, dismissing the appeal filed by Saint Lucia, S.A., to the health questionnaire had not been presented as it comes to life insurance contract.

Fact background,,es,Juan Alberto and Paulina filed suit against FTA,,es,Asset Securitization Fund,,es,requesting the declaration of nullity for abusive of the floor and ceiling clauses contained in the novation contract of the mortgage loan of,,es,with the corresponding refund of amounts unduly collected,,es,The Securitization Fund Management Company,,es,Beech,,es,acting on behalf of FTA, he responded to said claim alleging that he lacked passive legitimacy since the entity had no legal personality and that it constituted only a private and open fund and that therefore the passive legitimization corresponded to BBVA as successor of Catalunya Banc that was the Company fund constituent,,es

On date 9 October 2013, by parents of D. Jacobo, in her name, He was contracted one seguro de vida covering the risk of permanent disability with the insurance company SANTA LUCIA, S.A. This life insurance replaced earlier concluded by D. Jacobo, because they were linked to the mortgage loan with Unicaja.

On date 28 October 2012 temporary incapacity declared by a disease that suffered D. Jacobo. On date 31 March 2014 He declared the incapacidad permanente absoluta. This risk was insured.

For D. Jacobo was presented demand, requesting payment of insurance amount, plus legal interests Article 20 LCS.

Primera Instancia

The Court of First Instance No. 1 Martos, He gave judgment on date 9 March 2017, estimating the lawsuit filed by D. Jacobo, and condemning SANTA LUCIA, S.A., payment of 60.000 €, plus legal interest and costs.

For the Court, It became clear that there was overconfidence or negligence in the performance of their duties when hiring policy, for the agent did not fulfill its obligation to present in a health questionnaire, sin could be attributed to D. Jacobo willful misconduct serious mental reservation or omit culpably to the disease already suffering at the time of recruitment.

According to SAP Barcelona, Date 25 April 2005, "The burden of proof on the conduct of the policyholder or insured corresponds to the insurance company sued".

Provincial Court

By Saint Lucia, S.A., I was appealed.

He alleged as the only reason:

  • Error in assessing the evidence.
  • Alternative, challenged the imposition of the interests of the art. 20 LCS and coasts.

Section 1 of the Provincial Court of Jaen gave judgment, dismissing the plea of ​​error in assessing the evidence, He is deeming that it was not established that the insurance company will ask questions about her illness, nor that the answers give the insured.

He also dismissed the challenge to the interests of the art. 20 LCS and the coasts of First Instance, it was the insurance company itself who failed contractually, to the non formulated by his agent questions the health questionnaire and filled mechanically.


If the insurer does not fulfill its obligation as a health questionnaire, You can not be attributed to the insured willful misconduct of severe mental reservation or culpable omission of the disease or condition suffering.

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