The inefficiency of the measures that aim to achieve procedural efficiency

The Preliminary Draft on Procedural Efficiency Measures for the Public Justice Service, published last December, contains in its Second Final Provision, a controversial amendment to Law 35/2006, of 28 November, on Personal Income Tax (LIRPF). Especially, according to this amendment, in general, compensation for civil liability paid by insurers to those who have suffered physical […]

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Aleatory nature of the insurance contract- Nullity- Application of Article 4 of the LCS

(Sentence Spanish  Supreme Court no. 856/2021, of 10 December) Introduction The insurance contract is characterised by its aleatory nature. This aleatory essence is the basis for the wording of Article 4 of the Insurance Contract Law, according to which: “[t]he insurance contract shall be null and void, except in the cases provided for by law, […]

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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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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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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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Los seguros de cancelación de eventos

Introducción Cuando apenas hace un mes se suspendió el MWC20 de Barcelona, se suscitó una gran polémica, pues  según se dijo oficialmente,“no hay ningún motivo sanitario para suspenderlo , sino  que hay una “epidemia mediática y de miedo motivada por intereses económicos y políticos”. Sin embargo, las deserciones de las empresas participantes motivaron la adopción […]

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