“ANÁLISIS CRÍTICO DE LA RESOLUCIÓN DE RECLAMOS ADMINISTRATIVOS EN MATERIA DE SEGUROS POR PARTE DE LA SUPERINTENDENCIA DE COMPAÑÍAS, VALORES Y SEGUROS”

Abstract

In the present work, I will analyze the way to resolve administrative claims in Insurance matters by the "Superintendencia de Compañías, Valores y Seguros”, with the revision of cases where it is evident that the said control entity at the moment of resolving these cases, does not take Constitutional principles into account, such as: due process, equality, legality, legal security, among others. In addition, it violates the competence granted by the Magna Carta because it exceeds the conferred limits assuming functions that are not theirs and that can only be exercised by a judge. Therefore, this study is aimed at recognizing the considerations or standards that officials of the “Superintendencia de Compañías, Valores y Seguros” should apply for an adequate motivation of their resolutions. In fact, the objective of this study is for the officials of this control entity to understand the importance of their role in terms of the motivation of their actions, not only to base the logic in terms of the application of the norms, but also to look after the rights of the parties. The importance of this issue relies on the decisions taken by the Superintendencia de Compañías, Valores y Seguros, which based in their administrative power, bears the principle of legality assumed, which based in the implications cited by law, it represents a totally disproportionate judgement and decision taken in an administrative headquarter since whatever decision taken by them will have a mandatory fulfillment as well as its respective sanctions for not complying it, even might causing the liquidation of the company.