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 […]
Delimiting clauses vs. limiting clauses: the surprise continues
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 […]
Jesús Velez explains his vision on the application and practice of Law 50/1980 for the future in the magazine Actualidad Aseguradora
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 […]
Covid, business closure and loss of profits: the ruling of the provincial appeal court of Girona
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 […]
International insurance programmes: insured interest and financial interest
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 […]
AZSURE Abogados: Online breakfast session about Professional Liability.
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 […]
Application of Claims Made clauses in the context of direct actions (Sentence Supreme Court nr. 545/2020, of October 20th)
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 […]
Spanish court rulings on coverage for business interruption due to Covid-19: A never-ending story.
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 […]
Do business interruption policies cover damages caused by COVID-19?
Introduction: After ten months of fighting the devastating social, economic and health consequences of the pandemic caused by the Covid-19, questions arise about the possible coverage of loss of profits and business interruption policies. In addition, the recent decision of the UK High Court in the test case initiated by the Financial Conduct Authority (FCA) […]
