Insurance contracts: implications of misrepresentations

In a recent ruling, the Colombian Constitutional Court (the “Court”) outlined significant guidelines concerning the repercussions of misrepresentations made by policyholders at the inception of an insurance policy. In an inter-partes proceeding for the protection of fundamental rights (“acción de tutela”), the Court ruled in favor of the claimants against an insurance company. The latter
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Class action Lawsuits in the United States against insurance companies

In the United States, it is now somewhat common for an insured-claimant, seeking to be designated as class representative, to initiate a putative class action lawsuit against an insurance company, i.e., seeking monetary damages for alleged underpayment of claims and/or based upon allegations of insurer “bad faith” conduct in evaluating insurance applications, handling insurance claims
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Insuralex, year after year, ranked band 1 in Insurance by Chambers and Partners

Thank you to our clients and Chambers and Partners for the recognition, once again, as Band 1. It’s our honor to be playing such a vital and global role in the insurance law industry. Among other important projects, at this moment Insuralex is working on: 2024 Conference on International Insurance Law and Cocktail Reception (Germany)
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2024 Insuralex Miami International Insurance Summit

Important update: Event fully booked. Waiting list opened.    We currently have registered participants and speakers from more than 50 different countries working at: AIG, Allianz, AXA climate, Chubb, Liberty, Lockton, Lloyd’s, Swiss Re, MiCRO, Hamilton Americas, AON, ReinasenseRe, Allianz Commercial, Helvetia Latin America, Partner Re, Everest Reinsurance Company, CN Seguros, Beazley, TransRe, Kunene Makopo Risk

The Spanish Supreme Court decides whether non-payment of the successive premium can lead to the termination of the insurance contract

In this article, our Exclusive member in Spain, Belzuz abogados will study whether the insurance company can terminate the insurance contract due to non-payment of the successive premium. The consequences of non-payment of the premium in the insurance contract are different, depending on whether the non-payment occurs in the first premium (article 15.1 Law 50/1980) or in
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What does the policyholder’s duty to inform actually entail?

The Spanish Insurance Contract Law establishes the policyholder’s duty to declare the relevant circumstances for the assessment of the risk by the insurer, before signing the policy. Subsequently, it also establishes the obligation to communicate the circumstances that may aggravate the risk during the validity of the policy, but what does this duty of information
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Save the date: 2024 Insuralex Miami International Insurance Summit

Important update: Event fully booked. Waiting list opened.  Save the date: 2024 Insuralex Miami International Insurance Summit The annual Global Insurance Summit, organised by Insuralex, has been a pivotal gathering for more than two decades (London, Chicago, New York, Dublin, Los Angeles, Munich, Bermuda, etc.) with hundreds of insurance professionals (insurance and reinsurance companies, Lloyd’s
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The Ship -Vallianz Shipbuilding & Engineering v. ECO SPARK

The Ship -Vallianz Shipbuilding & Engineering Pte Ltd v. Aquaculture Centre of Excellence Pte Ltd. (ECO SPARK) Judgment of the High Court of Singapore [2023] SGHC 353 – 18 Dec 2023 Admiralty and Shipping — Admiralty jurisdiction and arrest — Action in rem — Definition of “ship” under section 2 of the High Court (Admiralty
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The Oregon Supreme Court issues insurers a lump of coal

In the long-awaited opinion of Moody v. Oregon Community Credit Union, issued December 29, 2023, the Oregon Supreme Court, split 4-3, announced that the plaintiff pleaded facts sufficient to give rise to a legally cognizable common-law negligence claim for emotional distress damages. In so holding, the Oregon Supreme Court departs from established Oregon law as
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York-Antwerp Rules application

As is publicly known, on November 10, 2023, the High Court of Justice of England and Wales issued a judgment on Case No. CL-2022-000447, between STAR AX I LLC (hereinafter the “Claimant”), and the Royal and Sun Alliance Luxembourg S.A. and others (hereinafter “Insurers”). The main discussion in this case revolves around of which version
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