Comments on the Supreme Court’s Judgement no. 129/2022, of 21 February 2022, of the Court of Social Affairs, cassation appeal no. 311/2019 on preconditions to exercise direct actions

We find ourselves before a case in which the party injured by some events exercises the direct action provided in art. 76 of the Spanish LCS and doesn’t prosecute the policyholder causing them. The Supreme Court repeats that in civil liability insurances it is necessary that previously the policyholder’s civil liability exists in order that
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Manufacturer’s civil liability and state of the art at the time the product was put into circulation

We face a scenario that most likely could take place, especially nowadays, when the state of the art rapidly changes in short periods of time. Technical knowledge available under the state of the art, at the time of manufacturing, may change after launching the product in the market. The issue is whether the manufacturer of
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Low-Cost insurances as a result of the Covid pandemic

Low-Cost insurances as a result of the Covid pandemic. ABSTRACT Currently, and as a result of the pandemic, a variety of low-cost policies has entered the healthcare insurance market, advertising services such as “comprehensive medical directory from 8 Euros a month.” Monthly private healthcare cheaper than a daily special in a bar? The effects of
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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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Approval of the Royal Decree on training within the scope of insurance distribution

Latest additions to the Royal Decree on training in order to implement Directive (EU) 2016/97. A few weeks ago, the Council of Ministers in Spain approved the Royal Decree 287/2021, of 20 April, on training and statistical-accounting reporting of insurance or reinsurance distributors, which would complement the Royal Decree 3/2020, on urgent action, in which
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Civil liability, vaccination, and vaccines: a European and national perspective

We are currently living what can be considered the most important massive vaccination campaign in the recent history of humankind. Scientific advisors and governments from all over the world have assured that the COVID-19 vaccine is effectively and technically safe. However, is COVID-19 vaccine also safe from a legal perspective? What is the civil liability
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The corporate group and the individual civil liability vs. joint and several liability

The civil liability that may arise within a specific company that is a part of the corporate group operating under one trade name, in many occasions raises questions when determining which entity must respond in the event of a civil liability case. At Belzuz Abogados Insurance Law Department, we have analysed the case when the
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Cyber in the times of Covid-19: the cybercrime triad.

ABSTRACT: The exceptional situation that the world is living in the light of the COVID-19 pandemic has come with an increase in the exposure of companies and public institutions to cyber-attacks. Taking preventive (ex ante) and repair (ex post) measures is the key to a proper response to the cyber-risk, mitigating the potential harm of
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Cyber-risk and cyber-insurance (II): silent cyber, an ongoing revolution?

ABSTRACT: cyber-risk is a source of opportunity but also of uncertainty towards traditional property and civil liability insurance policies. Cyber-insurance has been born to prevent silent cyber. We analyse the implications of NotPetya case for the future of insurance and reinsurance market in Spain. The emergence of a “cyber-universe”, in a relentless expansion, entails a
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Cyber-risk and cyber-insurance in Spain: the necessary uncertainty.

ABSTRACT: Digitalisation is an unstoppable process that changes, day by day, the framework of interaction between citizens, companies and Public Administrations. Although the digitalisation simplifies recruitment processes and boosts the market, it is subject to risks: the so-called cyber-risk. Notes on cyber-insurances: a necessary market before the uncertainty of the technological risk. In April 2007, Estonia
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