The right of subrogation of insurers is a common institution in most Latin American countries. However, although in all cases law establishes the right, the conditions regulating its exercise differ in each country. For instance, in some jurisdictions the right of subrogation applies to any insurance type, while in others certain types of insurance are excluded. Moreover, while in some jurisdictions insurers may unilaterally waive this right, in others waiver is not allowed due to the mandatory nature of the rule enshrining the same. Finally, in all countries, policyholders shall preserve and support insurers while exercising their subrogation right.
In view of the above, this report presents the responses prepared by Insuralex exclusive members within the region to some common questions regarding the legal development of the right of subrogation.
Download the report: 2021 Insuralex report: Insurers ´subrogation in Latin America: An overview