Group insurance (seguro colectivo) constitutes a form of insurance on behalf of another. It is that subscribed between the policyholder and the insurance entity, for the purpose of covering multiple insured persons through a single insurance contract or policy.
Group insurance may be with or without premium contribution from the insured persons. In group insurance with premium contribution from the insured persons, they may contribute all or part of the premium.
The policyholder of the group insurance may only report to the insurer the inclusions or exclusions of insured persons to the group policy, as well as deliver the individual coverage certificates to each insured person, by delegation of the insured person. They may not assume obligations nor carry out activities or functions that imply insurance intermediation or conducting insurance business.
The insurance entity or the insurance intermediaries, as applicable, must provide the members of the insurable group and the insured person with the same information as to insured persons in individual insurance contracts, under the same terms and conditions. In particular, they must be informed about the contestability clauses (cláusulas de disputabilidad) and exclusion clauses of the policy. Failure to comply with this duty of information renders the application of such clauses ineffective against the insured person.
The insurer is obligated to issue and deliver to each insured person the individual coverage certificates related to the specific established relationship. The delegation of said obligation to an insurance intermediary or to the policyholder does not exempt it from liability.
The beneficiaries of a group insurance have their own right against the insurer from the moment the covered event occurs.
Non-compliance, errors, and omissions incurred by the policyholder, insurer, or insurance intermediaries are not opposable to the insured person acting in good faith.
The National Council for Supervision of the Financial System (Conassif) is authorized to establish and define, by regulation, the types, branches, and lines of insurance that may be contracted under a group modality; the minimum content of group insurance contracts and individual coverage certificates, the terms for issuing and delivering them; the content, terms, conditions, and formalities of the duties of information; non-compliance, errors, and omissions incurred by the policyholder, insurer, or insurance intermediaries.