The Chapecoense Plane Crash and the Resulting Problems with Contractual and Extracontractual Liability Insurance

Abstract

This study analyzes the systemic failures of aviation civil liability insurance that compromise victim protection, identifying contractual and oversight vulnerabilities within the international and Colombian regulatory framework. Through qualitative documentary analysis methodology, the study reviews the regulatory framework, relevant jurisprudence, and specialized literature. The LaMia flight air crash is used as a case study to illustrate the practical application of these concepts. The results identify three critical vulnerabilities: 1) the absence of a valid policy; 2) the automatic termination of the contract for default in premium payment, which leaves victims unprotected as third parties to the contract; and 3) exclusion clauses (e.g., geographical) that invalidate coverage for specific accidents. The LaMia case demonstrates the convergence of these failures and a deficit in regulatory oversight. In conclusion, the discussion shows that these contractual flaws, magnified by deficient regulatory oversight, nullify the effectiveness of the principle of strict liability and victim protection. It is argued that an unresolved tension exists between the logic of the private insurance contract and the public interest in compensation, which calls for strengthening state control mechanisms over the actual applicability of policies.