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Work stability coverage and exclusion of lack of maintenance

The Colombian Council of State recently issued a ruling reinforcing contractor liability for structural defects in public works projects, even after contract settlement. The case involved a temporary joint venture
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Council of State ruling on liability insurance and statute of limitations

On February 3, 2025, the Colombian Council of the State issued a ruling (Case No. 68001-23-33-000-2016-00649-0) on an appeal filed by a regional hospital, insured under a civil liability insurance,
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Another approach to the application of interest under article 20 of the Insurance Contract Act

This judgement partially accepts the appeal and modifies the ruling of the lower court by fixing the date of recovery at a different moment than that established by the lower
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The theory of disproportionate harm

In order to assess the existence of civil liability it is necessary that the person who alleges its existence proves the constituent elements of the same; however, among the exceptions
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2025 Insuralex comparative European report on skiing accidents

Skiing accidents often involve cross border situations, as such accidents are prone to happen either while being on holiday or having an accident with somebody who is on holiday or
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Litigation is a Highway

A recent County Court judgment, in which CPB represented the successful defendant, stands as a cautionary tale on the importance of proper claims management when engaging in litigation. The defendant
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Colombian Regulator Warns Insurer Over Misleading “All-Risk” Insurance Label

On January 16, 2025, the Colombian Financial Superintendency (the “SFC” for its acronym in Spanish) issued a warning to an insurance company for violating consumer protection regulations by offering a
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Colombian Council of State Defines Statute of Limitations for Insurance Claims in Fiscal Liability Proceedings

On November 28, 2024, the Colombian Council of State upheld a ruling that annulled the inclusion of an insurer as a civilly liable third party in a fiscal liability proceeding
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Employer´s liability coverage in civil liability insurance

This piece delves into a recent ruling by the Colombian Supreme Court (SL015-2025), which addresses the employer’s liability coverage under a civil liability insurance. The case involves the death of
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Insuralex top ranked band 1 Global Insurance by Chambers and Partners

Insuralex top ranked band 1 Global Insurance by Chambers and Partners We would like to thank our clients and Chambers for the recognition, once again, as Band 1. It’s our
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Ampcus Forensics Joins Insuralex as Global Sponsor and Exclusive Forensic Accounting Partner

Insuralex is pleased to announce that Ampcus Forensics, a fast-growing forensic accounting and risk management consultancy, joins Insuralex as Global Sponsor and Exclusive Forensic Accounting Partner. Ampcus Forensics, a fast-growing
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Keeping the Humanity in Insurance Decision-Making

The Takeaway A bill has been introduced in the Illinois legislature that would mandate the use of human oversight on a health insurer’s negative coverage decisions. It’s likely that other
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California appellate court restricts coverage for wildfire smoke claims

In recent years wildfire smoke claims have become more than a cottage industry in California and some other states. Policyholders owning buildings outside the area burned by a wildfire contend
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Colombian Council of State upholds enforcement of regulatory surety bonds (Insurance)

In its ruling of December 5, 2024 (Case No. 25000-23-24-000-2010-00132-01), the Colombian Council of State (hereinafter, the “CS”) upheld the authority of the Superintendence of Industry and Commerce (hereinafter, the
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Colombian supreme court reaffirms insurer´s obligation in survivor´s pensions

This piece explores a recent ruling by the Colombian Supreme Court confirms that when a pension fund takes out insurance to cover shortfalls in survivor’s pensions, the insurer must automatically
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The relevance of providing the insured with all the documentation of the contract, particular and general conditions, when contracting insurance.

In this article we will analyse a recent judgement handed down by the Court of Granollers, in a claim filed by a hotel for loss of profit due to the
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Start of implementation of the DORA Regulation. Its role in ensuring the functioning of the financial system

On 17 January 2025, the implementation of the DORA Regulation, an EU legislative instrument designed to address the risks and vulnerabilities that the financial system may face as dependence on
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Insuralex´s former president Lucas Fajardo awarded as “Insurance Lawyer of the year”

We at Insuralex are thrilled to share that Lucas Fajardo, partner at Brigard Urrutia (Insuralex Exclusive Member in Colombia) and leader of its Insurance and Reinsurance team, has been awarded
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Unipolsai Assucurazioni S.p.A -v- Covéa Insurance Plc

The Court of Appeal provides guidance on what constitutes a ‘catastrophe’ and on the interpretation of the “Hours Clause” in the context of property catastrophe excess of loss reinsurance In
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Statute of limitations for claims under SOAT

Overview: In its ruling SC3075-2024, dated December 19, 2024, the Supreme Court of Justice (“SCJ”) addressed a dispute between a medical clinic and an insurer concerning the denial of indemnity
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War risk insurance in Ukraine

Introduction The War risk insurance issue has been on the agenda for Ukrainian insurance market for many years. Since the beginning of the Russian aggression in 2014, Ukrainian entities have
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Markiyan Malskyy returns as a Partner at Insuralex Ukraine, Arzinger

Starting from January 2025, attorney-at-law, Markiyan Malskyy, returned to Arzinger as Partner, Head of the West Ukrainian Branch, and Co-Head of the International Dispute Resolution and Arbitration Practice. Markiyan Malskyy
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Insurance exclusions must be clearly highlighted

On December 13, 2024, the Civil, Agrarian, and Rural Chamber of Colombia’s Supreme Court of Justice (“CSJ”, by its acronym in Spanish) issued ruling AC6958-2024, rejecting a cassation appeal filed
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Moch Offers Primer on Investigating Organized Medical Fraud

Organized medical fraud. In his role as legal counsel to insurers of all sizes—from prominent national carriers to small regional ones—Eric Moch is intimately acquainted with it. But what is
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Termination of Insurance: Unilateral Revocation and Non-Payment

The Colombian Supreme Court of Justice (the “Court”) addressed a dispute between (i) a policyholder under an all-risk insurance policy and (ii) the insurer. The issue arose from the interpretation
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Loss of profits coverage due to machinery breakdown and the “stock acumulation” clause

Summary of Arbitral Award 142820 (September 9, 2024) An arbitration tribunal of the Bogota’s Chamber of Commerce resolved a dispute between an insured company (policyholder) and an insurer under a all-risk
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Some reflections on the coverage of claims caused by natural disasters: special reference to the DANA of October 2024

The High Level Atmospheric Depression (HLD) of October 2024 has become, in terms of personal and material damage, one of the most damaging natural disasters in recent years in our
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We will analyse the concurrence of fault in the harmful result and its consequences in civil liability matters.

The objective is to determine how contributory negligence can be applied to moderate or distribute civil liability between the parties involved in an accident, so as to achieve equitable compensation.
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The insurable interest in transport insurance

Among the most recent updates in insurance and reinsurance law in Colombia, particular attention has been given to a recent ruling by the Civil Chamber of the Supreme Court of
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The effectiveness of the damage as a basic requirement for assessing the existence of civil liability.

One of the requirements for the assessment of the State’s financial liability is the effectiveness of the damage; however, in civil law it has also been recognised that in order
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On the coverage of LEGAL DEFENCE INSURANCE in cases of free choice and conflict of interest

On the coverage of LEGAL DEFENCE INSURANCE, in cases of free choice and conflict of interest, according to the SUPREME COURT RULING of 14 July 2020, Rapporteur D. Eduardo Baena
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Insuralex´s Latin American members awarded by Chambers

Insuralex is glad to announce that an important number of its Latin American members have been awarded by Chambers Latin America. The Chambers Latin America Awards 2024 are the awards
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Webinar FIDES & Insuralex: 2024 Insurance regulatory update in Latin America

FIDES (Federación Interamericana de Empresas de Seguros) in collaboration with Insuralex are glad to present the New Edition of the Report on Insurance Regulatory Matters. Program: (Miami 9:30h, Madrid 15:30h,
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Photos: Launch of the New Edition of the Report on Insurance Regulatory Matters

FIDES (Federación Interamericana de Empresas de Seguros) in collaboration with Insuralex organized the launch of the New Edition of the Report on Insurance Regulatory Matters. Hosted by Estudio Carvallo (Insuralex´s
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Bellini (N/E) Ltd (t/a Bellini) v. Brit UW Ltd

Court of Appeal affirms the importance of clear drafting In Bellini (N/E) Ltd trading as Bellini v Brit UW Limited [2024] EWCA Civ 435 (see the judgment here), the Court
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Save the date: 2025 Insuralex Madrid International Insurance Summit

Save the date: 2025 Insuralex Madrid International Insurance Summit  Insuralex International Insurance Summit arrives to Madrid, Spain.  The annual Global Insurance Summit, organised by Insuralex, has been a pivotal gathering
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Launch of the New Edition of the Report on Insurance Regulatory Matters

FIDES (Federación Interamericana de Empresas de Seguros) in collaboration with Insuralex are glad to announce the launch of the New Edition of the Report on Insurance Regulatory Matters. Topics include:
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Learn about the most critical trends shaping the Colombian insurance industry in 2025!

Our exclusive member in Colombia, Brigard Urrutia, and Asociación Insurtech Colombia are thrilled to invite you to an in-person event tackling the most critical trends shaping the insurance industry in 2025. 📅 Save
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On the moment of the start of the calculation (‘dies a quo’) of the limitation period in the damage insurance

In this case analysed, the Court upholds the contested judgement declaring the non-existence of prescription of the action brought, because, in accordance with the jurisprudential doctrine that it establishes, ‘the
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Coverage of claims caused by natural disasters. Special mention of the August 2024 DANA in the Balearic Islands

As lawyers specialising in Insurance Law, when natural phenomena occur which, due to their magnitude, generate considerable damage, we receive numerous queries from affected individuals. In this sense, insurance policies
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Meet Insuralex at the 2024 European Traffic Law Days

The 2024 European Traffic Law Days will take place on 3th and 4th October 2024 in Porto, Portugal. (Renaissance Porto Lapa Hotel) Insuralex is pleased to be sending a member
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Our Exclusive Member in Brazil (Pinheiro Neto) organized an event about trends and opportunities in guarantee insurance

Trends and opportunities in guarantee insurance [seguro garantia] were addressed in an open event that was held in Pinheiro Neto´s auditorium (SP), in partnership with Sou Segura and the Brazilian
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Meridian Lawyers propels its digital strategy forward with ground-breaking technology from Cicero AI

Insuralex Australia (Meridian Lawyers) is thrilled to announce its partnership with Automatise, the company behind Cicero, the first private AI solution for legal professionals. Adopting Cicero as an application to

Arzinger joins Insuralex as exclusive member in Ukraine

Arzinger has become part of the Insuralex global network, an influential group of more than 50 independent law firms from around the world specializing in insurance. It is important that
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We look forward to seeing you in Monte Carlo 2024!

Insuralex is pleased to announce that a member delegation will attend the “Rendez-Vous de Septembre (RVS)” from September 7th to 11th , 2024. You can meet our delegation at the
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Save the date: 2024 Insuralex Chile Latin American Meeting

Save the date! Insuralex is pleased to announce the 2024 Insuralex Chile Latin American Meeting. Hosted by Estudio Carvallo (Insuralex´s Exclusive Member in Chile), the 2024 Insuralex Chile Latin American Meeting will
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California Supreme Court limits policyholder illusory coverage arguments

Policyholders often contend a limitation or exclusion of coverage in an insurance policy is “illusory” and thus should not be enforced. On August 8, the California Supreme Court ruled that
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2024 Parametric Insurance in Latin America: Update

Insuralex is pleased to present this executive report updated to the year 2024 on some of the most important topics of how insurance markets in Latin America are regulated and
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Insuralex welcomes Mason Hayes & Curran as exclusive member for Ireland

Insuralex welcomes Mason Hayes & Curran as exclusive member for Ireland Insuralex, the world’s pre-eminent and (re)insurance law firm network, has welcomed the award-winning Irish business law firm, Mason Hayes
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California Changes Summary Judgment Rules for 2025

On July 15, Governor Newsom signed AB 2049, which changes the rules for summary judgment motions in state court effective January 1, 2025. While there are a number of deadline
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