Competencias del Superintendente de Compañías, Valores y Seguros para dirimir o resolver controversias contractuales de seguros.

Abstract

“La Superintendencia de Compañías, Valores y Seguros”, through the highest authority of this institution and, in compliance with the “Ley de Compañías”, to assume the responsibilities providedby the Law, must exercise controls to regulate the insurance activity in the country. This thesis will analyze the extent to which the “Superintendente” can influence in the decisions and if the powers conferred upon it are enough to resolve an existing problem related to the Insurance Law. It will be discussed if these competences that are given to the “Superintendente”allow to interpret and settle conflicts on contractual insurance so that they are compatible with the regulations and are evident when the controversy isresolved or whether it would be appropriate to have such conflicts taken to courts, that is, that it would be better to subject these problems to a judicial process resolved by a judge where constitutional guarantees are taken into account.