Inspired by the French Convention AERAS (S’Assurrer et Emprunter avec un Risque Aggravé de Santé), in 2019 the Belgian legislator has introduced the ‘right to be forgotten’ with respect to outstanding balance insurance contracts covering mortgage loans guaranteeing the purchase or the renovation of the one and only family home, as well as with respect […]
I In the field of reinsurance, one of the issues that frequently appears and brings about controversy is the aspect related to the applicable law. The international nature of the business usually compromises different laws that are not always compatible; in fact, they can contradict each other. Controversies arise when the parties have not clearly […]
Last Tuesday 16 November INSULAW INTERNATIONAL organised its first seminar on claims in Latin America. Coinciding with this seminar, the international network of law firms specialised in insurance law, moreover, announced the launch of its website: www.insulaw-international.com. The seminar was opened by the current president of INSULAW INTERNATIONAL, and managing partner of AZSURE ABOGADOS, Jesús […]
Introduction: Recently, the First Civil Chamber of the Supreme Court, in Judgment No. 421/2020, of July 14, has ruled on the “surprising clauses” – clauses already predisposed in the contract that surprisingly restrict the coverage of the insured, and that are within the delimiting clauses of risk coverage, considering them as restrictive clauses of rights […]
On the occasion of the 40th anniversary of the Spanish Insurance Contract Law 50/1980 of 8th October, our Managing Partner Jesús Velez explains his vision on the application and practice of this law for the future, in the following article published in the 14th edition of the magazine Actualidad Aseguradora. https://editorial.inese.es/2020/10/08/reportaje-ley-de-contrato-de-seguros/pugpig_index.html […]
Introduction: One year on from the start of the state of emergency declared by the Government as a result of the pandemic, the first ruling has been handed down on the coverage of a policy for loss of profits as a result of the suspension suffered by a restaurant during the state of emergency, the […]
The interest in the insurance contract: The legal dictionary of the RAE defines interest as follows: “Essential element of the insurance contract, which is a relationship of economic content between a subject and an object. This interest is conceived in a broad sense, in such a way that the economic relationship may be of a very diverse […]
Last 27th of May, the webinar on Professional Liability was organised by Jesús Vélez, the managing partner of Azsure. The event was attended by a very interesting group of guests, all of them experts in claims management, representing major insurers in Spain and the aim of the event was to provide the participants with guidelines and […]
Introduction: The time limitation clauses established under Section 73 of the Spanish Insurance Contract Act (hereinafter: ¨ICA¨) for civil liability insurance have been subject of thorough examination by the Supreme Court in recent years, which led to a more and more unanimous doctrine regarding the scope and effects of both Sections 3 and 73 ICA […]
Introduction. Recently, we have noticed the appearance of new rulings from various Courts of First Instance in cases related to the closing of small-medium businesses due to the COVID-19 pandemic. In those rulings the main facts are quite similar. Basically, the owner of an establishment or business requests the insurance company for corresponding compensation for […]
