Personal insurance and duty of risk declaration: Recent jurisprudence on article 10 LC

Abstract

Article 10 of Law 50/1980 on the Insurance Contract regulates the pre-contractual duty of risk declaration as a fundamental element for the correct configuration of the insurance contract. Although the content of this duty has been extensively discussed by both the best doctrine and jurisprudence, it still continues to generate extensive litigation in Spain. Recently, the Supreme Court has ruled on the extent of non-compliance in several sentences that we will analyze in this article. The special importance of compliance with this pre-contractual duty in personal insurance means that insurance companies and future policyholders must correctly know the scope of this obligation.