Summary of presentations of the 1st INSULAW INTERNATIONAL seminar on claims in Latin America.

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 […]

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Spanish court rulings on coverage for business interruption due to Covid-19: A never-ending story.

1.- 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 […]

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Application of Claims Made clauses in the context of direct actions (Sentence Supreme Court nr. 545/2020, of October 20th)

Application of Claims Made clauses in the context of direct actions (Sentence Supreme Court nr. 545/2020, of October 20th) I. 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 […]

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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 […]

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International insurance programmes: insured interest and financial interest

1.- 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 […]

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VAT and the insurance distribution business

1.- Introduction Insurance distribution activity is currently regulated in Articles 127 to 211 of Royal Decree-Law 3/2020, of February 4th , by which Spanish regulations have been adapted to Directive (EU) 2016/97 of the European Parliament and of the Council -the “Directive“-, of January 20th  2016, on insurance distribution (the “Royal Decree-Law 3/2020“). Pursuant to […]

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Covid, business closure and loss of profits: the ruling of the provincial appeal court of Girona

1.- 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, […]

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Where is the limit for claiming interests by the insured while invoking Article 20 of the LCS?

1.- Introduction Recently, the First Civil Chamber of the Spanish Supreme Court ruled by ruling no. 473/2020 of September 17th, on the feasibility of exercising the direct action of Article 76 of the Insurance Contract Law (“LCS”) against an insurance company, not being a claim of the principal amount that is already fixed and satisfied, […]

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Azsure Abogados Spain organised an informative online breakfast.

On Wednesday 2 December, the webinar on “The management of recovery actions for insurance companies”, organised by the managing partner Jesús Vélez and his colleague Ilse-Marie Dames, head of the international department of the firm, took place. The event was attended by a select and small group of guests, all experts in claims management, representing […]

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Do business interruption policies cover damages caused by COVID-19?

1.- 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 […]

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