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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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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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 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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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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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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