Health and Assistance

They remain covered only if the new policy maintains a retroactive date equal to or earlier than the one you already had. Healthcare liability is contracted on a claims-made basis under the second paragraph of Article 73 of the Insurance Contract Law, so the policy in force when the claim arrives responds. The useful comparison measures how much leeway each offer provides over the legal minimum.

The period depends on the nature of the claim: one year from when the injured party becomes aware of the damage in the non-contractual liability of Article 1968 of the Civil Code, and five years in the contractual liability of Article 1964. The direct action of Article 76 of the Insurance Contract Law also allows the patient to claim against your insurer, and this action prescribes along with the liability and not with the validity of the contract. The calculation starts when the sequelae stabilise and their extent is known, a moment that in healthcare arrives years after the act and that in a developing patient is delayed even further, because there are sequelae that only manifest with growth. The policy that responds is the one in force that day.

Only if the definition of insured expressly includes them and the policy waives subrogation against them. When the practitioner also maintains their own contract, we are not dealing with the concurrence of Article 32 of the Insurance Contract Law, which presupposes two policies stipulated by the same policyholder: here two contracts coexist with different policyholders, and the order of intervention is set by the other insurance clause of each policy along with the distribution of liability declared by the judgement. Communicating it to both insurers and agreeing in writing which one acts first is what organises the file the day it arrives.