2021 Insuralex report: Insurers ´subrogation in Latin America: An overview

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
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A new scope/purpose of duty test in professional negligence cases

A summary of the Supreme Court judgment in Manchester Building Society v Grant Thornton UK LLP   On 18 June 2021, the Supreme Court handed down a landmark judgment in the case of Manchester Building Society (MBS) v Grant Thornton UK LLP [2021] UKSC 20 in which it has provided further guidance in relation to the
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FREE Insuralex webinar: Insurance market in Ibero-America: responses in the post-COVID world

The COVID pandemic that hit the world in 2020 not only shook global health systems, but also impacted with particularly serious consequences in all economic sectors of society. The challenges posed for thousands of companies and states are not yet fully known. However, now that the business, economic and legal uncertainty caused by COVID seems
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Legal obligations when Holidaymaker attacked by Hotel Employee

Holidaymaker succeeds in appeal to Supreme Court for compensation against her UK package travel organiser following ‘broad view’ approach that hotel employee’s guiding actions were ancillary services and not within the exemptions under applicable Package Travel regulations Package travel organisers will be reviewing their booking terms and conditions to clarify the holiday arrangements that they
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Don’t count on cover if diamonds aren’t forever…

Remedies for misrepresentation – Jones v Zurich Insurance Plc The loss of a diamond, with a value of £15,000, from a ring is not the sort of thing that one normally forgets in a hurry. However, a policyholder’s failure to disclose details of the claim made for that loss when proposing for insurance several years
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For the Heart of Everything Football !!

Helen Tilley and Robert Harrison of our Exclusive Member in UK, CPB, discuss recent research on cardiac risks associated with playing football. Following a recent 10 year study of UK footballers, the risk of fatal sudden cardiac events was three times higher than originally thought. What types of activity potentially present a higher risk and
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Andreas Weinzierl Elected President of Insuralex

A new board of directors elected for the global insurance lawyers group Tramposch & Partner´s managing partner Andreas Weinzierl was recently elected as president of Insuralex during its annual meeting. Founded in 2002, Insuralex is a worldwide network of more than 50 independent law firms that specialize in insurance and reinsurance coverage, defense, litigation and
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Assessing insurance claims in light of intentionally missed premium payments

In instances where someone fails to pay an insurance premium and it amounts to a repudiation of an insurance contract, the insurer need not provide an extension for the payment of a premium (grace period) regardless of the wording of the policy. This was held in the recent decision of the Supreme Court of Appeal
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2021 Criminal prosecution of insurance fraud in LatAm

One of the great challenges facing insurers today is to have effective tools against insurance fraud. To this purpose, some Latin American countries have opted to include this type of conduct as a crime in their criminal law. Others, on the other hand, have opted for a generic criminal offense, such as fraud, which could
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Insuralex AGM – 2021 (Zoom)

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