Linked life insurance in Huelva

BBVA sentenced to pay life insurance linked to the hiring of a leasing in Huelva

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The test for judgment, sometimes it turns against the one who provides it. We find a case in which the bank's expert on the digital signature, valued together with the other circumstances of the case,  allows the room to be convinced that the questions in the health questionnaire were not really asked to the insured.

Section 2 of the Huelva Provincial Court in judgment on 29 April 2020, with No Resolution 222/2020, estimated the appeal filed by Dña. Montserrat, after not considering the existence of intent or negligence on the part of the insured, her deceased husband, by not communicating your medical condition prior to hiring. Condemned BBVA Seguros y Reaseguros S.A., to pay the beneficiary 28.000 € plus the default interest of the art. 20 LCS.

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

The 20 December 2016, Dña's husband. Montserrat arranged a lease, and he was forced to contract a life insurance contract with BBVA, S.A., that the 21 December of that same year.

In said seguro de vida, había un cuestionario de salud. According to the insurer, the client denied having suffered a chronic disease or condition that would have required medical control or treatment for more than fifteen days. In 2014 suffered angina pectoris and died 13 January 2017 due to acute myocardial infarction.

However, the insured had no intention of purchasing this life insurance, because he already had another subscriber, with another insurer, from 2003 the 2004.

Ms.. Montserrat filed suit against BBVA, S.A. by refusing to pay the insured amount after the death of the insured, where she was listed as beneficiary.

Primera Instancia

The Court of First Instance No. 4 Ayamonte sentenced the 2 September 2019, dismissing the lawsuit filed by Dña. Montserrat vs. BBVA, S.A., Insurance and Reinsurance.

The lawsuit was dismissed because the Court considered that the insured had intentionally omitted the previous condition suffered, breaking the art. 10 LCS.

Provincial Court

Ms.. Montserrat filed an appeal.

The Section considered the appeal because, first, the insured did not want to take out this new life insurance and the way to avoid it was, precisely, communicate to the BBVA employee the health problems suffered, not being able to understand by the Section the reason for not having made it known, cuando, the employee with whom the other life insurance was contracted, so I had advised him, because it would not be perfected.

Second, the Section did not grant effectiveness to the digital signature of the health questionnaire, as for the insured gave his agreement to what is stated therein, because it appears from the expert report that only passed 22 seconds since you accessed the platform and signed the subscription.  In 22 seconds it was impossible that the insured could have ascertained the content of the health questionnaire.

Therefore, the section did not consider accredited that the insured committed intent or negligence by not communicating his condition, condemning BBVA, S.A., to pay to Ms. Montserrat the insured capital after her husband's death, plus the default interest of art. 20 LCS.

Conclusion

Demostrar que las preguntas del cuestionario no fueron realmente formuladas al asegurado es unaprueba diabólica”, which has been frequently abused by insurance companies.

However, it is possible to break it and get the life insurance compensation in favor of the beneficiaries.

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