On February 26, 2025, the Colombian Supreme Court of Justice issued ruling STC2174-2025, upholding a decision by the Superior Tribunal of Bogotá regarding a constitutional remedy filed against the Colombian Financial Superintendency – Delegation for Jurisdictional Functions (“SFC” by its acronym in Spanish).
1. Backgorund
The case stemmed from floods that occurred in 2022 on a national highway operated by a concessionaire company, which was insured under a tort liability insurance. The affected parties filed a consumer protection claim before the SFC, asserting that the concessionaire was civilly liable for the damages and that the insurer should compensate them. They based their claim on a report from the Office of the Comptroller General of the Republic, which they argued confirmed the concessionaire’s responsibility for the flooding.
The SFC rejected the claim, determining that the concessionaire’s liability had not been proven, as the Comptroller’s report contained only warnings and did not assign civil liability for the damages.
The affected parties then filed a constitutional remedy, which was denied by the Superior Tribunal of Bogotá. They appealed the decision to the Supreme Court, which upheld the ruling based on the following key considerations:
2. Supreme Court’s Key Findings
1- Lack of Evidence of Liability
The Supreme Court determined that there was no sufficient proof that the flooding was caused by a defect in the concessionaire’s execution of the project. The court noted that no judicial or administrative authority had imposed sanctions or established liability against the company, despite certain observations from regulatory agencies regarding infrastructure adjustments.
2- No Grounds for Indemnification
Because the concessionaire’s liability was never formally established, the Supreme Court ruled that the affected individuals had no right to compensation under the tort liability insurance. The court emphasized that for an insurance claim to be valid under this type of insurance, there must be clear proof that the insured party is legally responsible for the damages.
3- Implications
This ruling underscores the importance of definitive legal or administrative findings in insurance claims related to public infrastructure. It reinforces that insurers are only obligated to compensate claimants under this type of insurance once liability has been formally established, setting a precedent for future cases involving public works and insurance coverage disputes in Colombia
Lucas Fajardo Gutiérrez | Partner of the Insurance and Reinsurance Team
Luis Alejandro Peña | Associate of the Insurance and Reinsurance Team
Brigard Urrutia
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