Causation between aggravation of the risk and the occurrence of loss in insurance

Abstract

Law 19.678 regulates the Uruguayan Insurance Contract in a single act, avoiding the nineteenth-century codification, despite the validity of the special regulations on compulsory insurance and the regulation of the insurance activity. A new and unique regulatory body that builds a subsystem of Law that must dialogue with Consumer Law, both with an express declaration of public order. In the present paper, we try to enter into an aspect that makes the dialogue of Insurance Law with the general theory of civil liability. We try to decode the meaning of the new Uruguayan law whether it is necessary to demand from the insurer proof of the causal relationship between the fact, the omission or the behavior that constitutes an aggravation of the state of risk, and the occurrence of the event (loss) in order to allow the insurance company to be released from its obligations.