Original article: Justicia condena a Isapre Cruz Blanca por negar cobertura a tratamiento oncológico incluido en canasta GES
The Supreme Court has upheld a ruling against Isapre Cruz Blanca, requiring them to pay a compensation of $70,000,000 for denying coverage for an oncology treatment that is included in the Explicit Health Guarantees (GES) package to the spouse of a member.
In a unanimous decision, the First Chamber of the Supreme Court dismissed the appeal for review concerning the ruling that found Isapre Cruz Blanca liable for breach of contract and ordered damages.
The verdict states, «To appropriately resolve the legal controversy brought before this Court, it is necessary to adhere to the established facts in the case, where the court found all elements of contractual breach as well as the causal relationship between this and the proven moral damages. ”
The ruling further adds, «Unlike what the appellant argued, the reasoning of the judgment indicates that the judges recognized and established the causal link between the actions of the defendant – the failure to provide timely coverage for the medication – and the alleged harm, rightly concluding that it was the breach by Isapre Cruz Blanca S.A. that led to the damages claimed and substantiated,» highlights the judicial decision.
Read the full ruling HERE
El Ciudadano
