Limitations on performance bond coverage for wages and benefits

In a recent 2025 ruling, the Colombian Supreme Court of Justice (hereinafter, the “Court”) issued a decision on the scope of coverage for salaries and social benefits under surety bonds for private contracts. Background: Two employees of a contractor responsible for expanding a production plant filed a claim seeking recognition of extralegal bonuses agreed upon
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2025 Taxation on reinsurance premiums Latin America

The world’s main reinsurance markets typically provide their services on a cross-border basis for Latin American cedants, given the limited reinsurance capacity within the region compared to the demand from insurance companies. Consequently, these cross-border transactions create taxation challenges for the local governments where the cedants are domiciled, as foreign reinsurers collect premiums while being
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No indemnification without proof of liability in non-contractual civil liability insurance

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
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Work stability coverage and exclusion of lack of maintenance

The Colombian Council of State recently issued a ruling reinforcing contractor liability for structural defects in public works projects, even after contract settlement. The case involved a temporary joint venture that had executed a road rehabilitation contract for a state entity in 2011, backed by a surety bond with work stability coverage. Background of the
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Council of State ruling on liability insurance and statute of limitations

On February 3, 2025, the Colombian Council of the State issued a ruling (Case No. 68001-23-33-000-2016-00649-0) on an appeal filed by a regional hospital, insured under a civil liability insurance, and the relevant insurance company. The case addressed two key insurance-related issues: (i) the statute of limitations of the third-party action against the insurer, and
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Another approach to the application of interest under article 20 of the Insurance Contract Act

This judgement partially accepts the appeal and modifies the ruling of the lower court by fixing the date of recovery at a different moment than that established by the lower court, which fixed it at the moment when the injured party was discharged by the traumatologist who treated the injured party for a vertebral fracture
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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 to the burden of proving these elements, case law has pointed out the existence of disproportionate damage which reverses the burden of proof. At Belzuz
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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 even both. Thus, such cross-border accidents may trigger certain questions of law due to involving parties originating from different countries, which may result in complex
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Litigation is a Highway

A recent County Court judgment, in which CPB represented the successful defendant, stands as a cautionary tale on the importance of proper claims management when engaging in litigation. The defendant successfully applied to have the claim struck out when the claimant, Markerstudy Insurance Services Limited (“Markerstudy”), failed not only to establish a viable claim, but
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Colombian Regulator Warns Insurer Over Misleading “All-Risk” Insurance Label

On January 16, 2025, the Colombian Financial Superintendency (the “SFC” for its acronym in Spanish) issued a warning to an insurance company for violating consumer protection regulations by offering a product with misleading conditions. The insurer marketed a product as “all-risk” insurance, but upon review, the SFC found that its terms aligned with a named-peril
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