We advise our clients in the several aspects related to Insurance Law, including the structuring of products and review of clauses, risk assessment and decision making during the underwriting process, as well as in the management and handling of claims, both in the pre-judicial and judicial stages.
a) Drafting of legal concepts related to underwriting and claims arising from insurance and reinsurance policies.
b) Drafting of legal concepts related to the regulation of the insurance activity -public liability insurance law-.
c) Representation of the client in judicial proceedings before the ordinary jurisdiction, administrative litigation and before the Delegation for Jurisdictional Affairs of the Financial Superintendence of Colombia, as well as in arbitration proceedings.
d) Defence of the client in fiscal liability proceedings when the client is linked as a civilly liable third party under management, infidelity, compliance, D&O and global banking – BBB- policies.
e) Representation of the client in administrative proceedings to enforce compliance with contracts or legal provisions.
f) Representation of the client in coercive collection proceedings.
g) Advising and representing the client in subrogation proceedings.
h) Advising and representing the client in tutelage actions -including those formulated against judicial rulings- and intervention during the processing of unconstitutionality actions.
Arbitration Court - Asfalto y Hormigón S.A. vs. Chubb Seguros
Our firm represented Asfalto y Hormigón S.A. in an arbitration tribunal against Chubb Seguros. The case represented a high legal complexity as it involved coverage discussions and layers of the PLO coverage of a RC policy and the coverages of a TRC policy. It also involved coverage for costs incurred to prevent the insured from spreading the loss and multiple technical and economic discussions on the existence, causes, and amount of the loss. The case was finally settled prior to the issuance of the award.
Advice to an insurance company in risk analysis for the underwriting of a compliance policy
Advice to an insurance company in the risk analysis performed prior to subscribing a compliance and civil liability insurance policy within the framework of a contracting process for the supply and dispensing of medicines for COP $ 592,264,878,479.
Participation in the strategy and negotiation of scrap metal claims with the Dirección de Impuestos y Aduanas Nacionales -DIAN- (National Tax and Customs Directorate)
Participation and accompaniment in the design of the strategy and negotiation of termination and/or transaction agreements of administrative sanctioning procedures initiated by the National Tax and Customs Directorate to enforce several policies of compliance with legal provisions.
Participation in the defense of an insurance company in the process of expiration of a road concession contract
Participation in the design of the strategy and representation of an insurance company in the process of declaring the expiration of a road concession contract, in which the insurer was acquitted.
Participation in the definition of the defense strategy of an insurance company in several tax liability proceedings
Assistance in the definition of the defense strategy of an insurance company in several fiscal responsibility processes derived from BBB, compliance, and management policies.
Assistance in the definition of a claim arising from an explosion at a hydroelectric power plant
Participation in the negotiation and underwriting of an indemnity agreement in connection with a claim under the damage and BI coverage of a policy affected by an explosion at a hydroelectric power plant.