Written by Aldo Ocampo, Ocampo 1890
An isolated thesis was recently published that makes an interpretation of two constituent elements of the accident, in terms of the LISF.
The term “accident” in insurance carries essential distinguishing notes that define its scope. From a legal point of view, it is characterized by being “external, violent, sudden and fortuitous”.
The term “external” refers to the cause of the event. In the context of accident insurance, it implies that any injury or bodily harm does not come from an internal process or pre-existing disease, but is the result of forces or causes external to the insured individual.
On the other hand, the qualifier “violent” does not necessarily imply the criminal action of a third person. In the context of accident insurance, it is related to the intensity and harmful capacity of the result, representing a force that acts against the human body.
These criteria are essential to delimit what constitutes an accident covered by insurance policies, excluding situations that can be attributed to organic diseases or internal pathological processes.
Accurate understanding of these terms is crucial in the insurance legal field, as it determines which situations can be considered accidents, ensuring adequate protection for policyholders.
