La CSJN revocó una sentencia que dejaba sin efecto el límite asegurado por la aseguradora en relación al damnificado en el marco de un accidente de tránsito

La Corte Suprema de la Nación, por mayoría, dispuso dejar sin efecto la sentencia apelada que había confirmado el resolutorio de primera instancia en cuanto condenó al demandado a pagar los daños y perjuicios derivados de un accidente de tránsito y había revocado lo atinente a la responsabilidad de la aseguradora citada en garantía, declarando inoponible a la actora el límite de cobertura establecido en la póliza.

El tema puntual del presente caso era determinar si el límite de cobertura pactado entre asegurador y asegurado en los contratos de responsabilidad civil de automotores es oponible o no al damnificado –víctima del accidente-.

La Corte expresó que la oponibilidad de las cláusulas contractuales ha sido el criterio adoptado por el Tribunal en los supuestos de contratos de seguro del transporte público automotor.

Que la ley de Defensa del Consumidor no modifica la situación, en tanto que una ley general posterior no deroga ni modifica, implícita o tácitamente, la ley especial anterior.

Aclaró que la función social que debe cumplir el seguro no implica que deban repararse todos los daños producidos al tercero víctima sin consideración de las pautas del contrato involucrado.

El contrato de seguro rige la relación jurídica entre los otorgantes, pues los damnificados revisten la condición de terceros frente a aquellos que no participaron en su realización, por lo que si pretenden invocarlo, deben circunscribirse a sus términos.

Si un tercero puede cobrar al asegurador una suma superior a la contratada, no solo se viola la ley de seguros, sino que se consagra una obligación sin causa.

La obligación del asegurador de reparar el daño tiene naturaleza meramente contractual, y si su finalidad es indemnizar al asegurado de los perjuicios sufridos por la producción del riesgo asegurado, su origen no es el daño sino el contrato de seguro.

El máximo tribunal concluyó que le asiste razón a la recurrente –aseguradora- en tanto que la alzada decidió incluirla en la condena y dejar sin efecto el límite de cobertura previsto acordado en el contrato de seguro prescindiendo de la normativa legal en forma dogmática y sin fundamento idóneo y suficiente, con la mera invocación de un supuesto resguardo a la víctima y a la reparación del daño injustamente padecido. El alcance del deber de responder de la citada en garantía se encuentra claramente delimitado, sin que se hayan arrimado planteos que demuestren que resulte inválida su inserción en esta clase de contratos.

La Corte ordenó que vuelvan las actuaciones al tribunal de origen a fin de que dicte un nuevo pronunciamiento.

Flores, Lorena Romina c/ Giménez, Marcelino Osvaldo y otro s/ daños y perjuicios, CSJN, 6/06/17

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44 comentarios de “La CSJN revocó una sentencia que dejaba sin efecto el límite asegurado por la aseguradora en relación al damnificado en el marco de un accidente de tránsito

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