INS refused to pay a policy to an older adult because a third person was driving the car. The man claimed force majeure. Chamber I issued a ruling

▤ Summary

A Costa Rican court ordered the INS to honor an auto insurance claim after the insurer rejected coverage because a third party was driving the vehicle. The case centered on whether a policy clause limiting authorized drivers should apply when the insured and his usual driver were under COVID-19 isolation orders. The court said the clause was ambiguous in this extraordinary context and that the insurer had to apply consumer-protective and pro-adhesive contract principles. The ruling also upheld costs against the insurer and prompted INS to review whether it needs to adjust policy terms or claims procedures going forward.

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