In insurance matters, a distinction must be made between two concepts: the existence of a clause in the insurance contract and the enforceability of that clause against the insured party. Therefore, a distinction must be made between proof of the existence of a clause and proof of its enforceability. The burden of proof lies with […]
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The reinsurance sector has not been immune to the globalization of markets. This market provides coverage to insurance companies, which in turn meet the needs of today’s world by offering tools that enable greater underwriting capacity. Due to the regulatory nature of insurance activities, this phenomenon has led States to adapt regulatory frameworks to allow […]
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In recent years, judicial decisions on statute of limitations regarding insurance contracts have generated debates and significant changes in the understanding of the Insureds’ rights in relation to Insurers, as well as dictated new procedures to be adopted by Insurers during loss adjustments. Note that in insurance contracts in Brazil, the statute of limitations is […]
Insurers sometimes face the situation where a company registered in a foreign country caused damage to the subject matter of insurance. After the insurer has made compensation to the insured party according to the insurance contract, the insurer may have difficulties seeking remedy from the company causing the damage. This article introduces whether a foreign […]
Carlos A. Estebenet, partner at Bulló Abogados, has been appointed as the new world president of AIDA at the last congress held in Melbourne, Australia. […]
Last Thursday, May 11th, the international launch of the INSULAW INTERNATIONAL network of law firms specialized in insurance law took place in the City of London. Companies and organizations from the insurance market worldwide attended the event. The association currently comprises over 35 law firms with 52 offices and more than 1,400 lawyers distributed across […]
On January 04, 2023, Law No. 21.521 was published in Chile with the aim of encouraging the provision of financial services through technological means by the providers governed by it. Among the matters addressed by this regulation, it is interesting to note that it incorporates – as a novelty in our legal system – the […]
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 […]
