Content area
Statements that must be given by insurance consumers, contain the implicit obligation of telling the truth to accomplish the principle of maximum goodwill that informs the insurance contracts. Legal systems include penalties when the above principle is not fulfilled. Penalties for the insured, being the weaker part within the contract, includes losing the right for compensation and in certain cases it implies a contract nullity, causing the loss of amounts paid by insured. On the other hand, there’s no legal established obligation of making a good choice about risk for insurance companies because in case of omission of the insured, insurance companies are released of compensation payments and sometimes they are allowed to keep the amounts already paid by the insured. A comparison between Spanish and Costa Rican legislation is presented and a reflection about the imbalance that reluctance produces for consumers and their rights before insurance companies.