Insurance exclusions must be clearly highlighted

On December 13, 2024, the Civil, Agrarian, and Rural Chamber of Colombia’s Supreme Court of Justice (“CSJ”, by its acronym in Spanish) issued ruling AC6958-2024, rejecting a cassation appeal filed by an insurer involved in a liability case. Background The insurer argued that the court of appeals had imposed an additional requirement not established in
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Moch Offers Primer on Investigating Organized Medical Fraud

Organized medical fraud. In his role as legal counsel to insurers of all sizes—from prominent national carriers to small regional ones—Eric Moch is intimately acquainted with it. But what is it exactly? How often does it happen? And what can insurers do to fight it when they find it? Moch answers those question and more
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Termination of Insurance: Unilateral Revocation and Non-Payment

The Colombian Supreme Court of Justice (the “Court”) addressed a dispute between (i) a policyholder under an all-risk insurance policy and (ii) the insurer. The issue arose from the interpretation of Articles 1068 and 1071 of the Colombian Commercial Code, concerning the unilateral revocation of insurance contracts and automatic termination for non-payment of premiums, figures
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Loss of profits coverage due to machinery breakdown and the “stock acumulation” clause

Summary of Arbitral Award 142820 (September 9, 2024) An arbitration tribunal of the Bogota’s Chamber of Commerce resolved a dispute between an insured company (policyholder) and an insurer under a all-risk insurance policy. The dispute centered on (i) the statute of limitations for claims under the insurance, (ii) whether the loss of profit (LOP) coverage for
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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 country. As we have already pointed out in previous articles, in terms of insurance coverage, this type of claims can be excluded from coverage by
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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. As an initial premise, for concurrence of fault to occur, the harmful results must involve the parties to such an extent that the conclusion implies
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The insurable interest in transport insurance

Among the most recent updates in insurance and reinsurance law in Colombia, particular attention has been given to a recent ruling by the Civil Chamber of the Supreme Court of Justice dated 6 November 2024. This decision addresses the various types of transport insurance and the insurable interests of carriers. Background The case arose after
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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 to recognise the existence of liability, the damage caused by action or omission must be effective. As lawyers specialising in Insurance Law, throughout our extensive
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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 Ruiz. In this article we will analyse the judgement handed down by the First Chamber of the Supreme Court on 14 July 2020, which deals
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Insuralex´s Latin American members awarded by Chambers

Insuralex is glad to announce that an important number of its Latin American members have been awarded by Chambers Latin America. The Chambers Latin America Awards 2024 are the awards that recognise, pre – eminence in key practice areas, impressive strategic growth and excellence in client service. The awards draw on the research for Chambers
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