La competencia contenciosa administrativa en controversias derivadas de actos en materia de seguros.

Abstract

This essay analyzes the jurisdictional competence of the Administrative Contentious Tribunal to hear disputes arising from challenges to administrative acts in insurance matters, specifically when the insured seeks compensation following an insurer's denial of payment. Drawing on Article 42 of the General Insurance Law —incorporated into the Organic Monetary and Financial Code— the study examines the administrative procedure before the Superintendency of Companies, Securities and Insurance, and its subsequent judicial review. The research employs a methodology based on systematic constitutional and statutory interpretation, doctrinal contrast, and critical jurisprudential analysis. The central hypothesis argues that jurisdictional competence must be determined by the nature of the challenged act and the object of the procedural claim, rather than by the private nature of the insurance contract or a literal reading of the term "ordinary justice." This position is supported by the jurisprudence of the Specialized Administrative Contentious Chamber of the National Court of Justice, which has confirmed the competence of this jurisdiction, thereby strengthening legal certainty and the right to effective judicial protection.