Expert Lawyers in insurance
and professional liability
We have a team of lawyers with a very solid
experience in insurance law and professional liability
Gimenez-Salinas has provided guidance both to insurers and policyholders on risk coverage conflicts. We have extensive experience in negotiations and litigation on insurance coverages and damages involving the insurer or the Consorcio de Compensación de Seguros. Similarly, we are widely experienced in litigation relating to professional negligence in different sectors of activity.
Insurance disputes can be very varied. From a catastrophe that causes damages arising the dispute about whether there is or isn’t coverage for the damages from the company’s insurance or covered by the Insurance Compensation Consortium.
Although insurance and civil liability are commonly associated connected concepts, they do not necessarily have to appear together. There can be civil liability for the damages caused to a third party, and such damages may be not covered by any insurance. And some insurances will not cover civil liability, but own damages or personal injuries. However, due to a great number of litigations, it is very common that Lawyers to specialize in both areas, insurance law, and civil liability.
Information about insurances and civil liability:
- Disputes with insurance companies
- Disputes regarding the coverage or the amount of the damage
- Disputes between policyholders and third parties
- Conflictos entre varias aseguradoras
- Disputes between insurance companies
- Management in conflicts with insurances
- Mediation between the insurance company and the policyholder
- Defense of the policyholder
- Claims against the Directorate-General for Insurance
“Since 1941 experts in resolution of conflicts between partners.”
More than 78 years of experience giving legal advice and defending companies, individuals, and groups certifies the legal path of Giménez-Salinas Law Firm. An invaluable experience that we apply to all our cases and clients.
Throughout our professional experience, we have handled hundreds of conflicts in many different sectors and areas of law. We have a highly qualified and multidisciplinary team of lawyers and attorneys.
One of the characteristics that define us is offering our clients a personalized service, our clients are informed on every stage of their cases and have a direct relationship with the lawyers or attorneys who handle their affairs.
DISPUTES WITH INSURANCE COMPANIES
Down below we explain the most common conflict derived from insurance and civil liability
DISPUTES BETWEEN THE INSURANCE COMPANY AND THE POLICYHOLDER REGARDING THE COVERAGE OR THE AMOUNT OF THE DAMAGE
This conflict is given between the contracting parties. The policyholder has the right to claim the coverage of the damage, and the insurance has the obligation to pay for such damage. The dispute arises when the insurance considers that the facts that caused the damage are not covered by the policy, or when both parties disagree on the amount of the compensation.
DISPUTE BETWEEN A POLICYHOLDER AND A THIRD PARTY
These are the cases in which there is civil liability. In such cases, the policyholder will make sure that the damages caused to a third party are covered by the insurance so that the compensation is paid by the insurance. Civil liability may arise from many various circumstances such as traffic accidents, airplane accidents, a work in progress, the distribution of a defective product, or from the provision of a deficient service (doctors, lawyers, architects, notaries, among other professionals).
In this type of conflict, the causal agent will deny its responsibility for the damages caused. And therefore, it will be necessary to start a judicial process to establish whose responsibility was it, and if the insurance company shall cover the damages, and if that is the case, determine whether the insurance company is obliged or not to cover them.
DISPUTE BETWEEN DIFFERENT INSURANCE COMPANIES
When an insurance company pays the compensation for damage, the Law establishes that the insurance that paid such compensation shall have the right to claim against any other possible responsible parties and their insurance companies. Here arises a second conflict, in order to establish which insurance company has to be responsible for the injuries. This is called the right of recourse.
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LEGAL TOOLS TO MANAGE CONFLICTS WITH INSURANCES AND CIVIL LIABILITY
MEDIATION BETWEEN THE INSURANCE AND THE POLICYHOLDER
The parties shall turn to a third party who will try to approach the confronted parties to reach an agreement. Over the last years, insurance companies have tended to use mediation as the first remedy in conflicts with policyholders, to avoid any judicial procedure with their clients, obtaining a quicker solution, and more satisfactory, and even retaining the policyholder. There has been a recent development of online mediation platforms, to promote mediation as the first remedy to this type of conflict.
CUSTOMER SERVICE AND DEFENSE OF THE POLICYHOLDER
The claims department will inform the policyholder whether the insurance company will or will not cover the damage, and the compensation to pay. In the case that the policyholder disagrees, it is possible to turn to the customer service or his lawyer, depending on what the problem is.
CLAIMS AGAINST THE DIRECTORATE-GENERAL FOR INSURANCE
The Directorate-General for Insurance is the main entity that regulates the insurance market and provides a claims service. In general terms, its resolutions are not binding for the insurance company, therefore if the Directorate-General for Insurance’s resolution does not recognize the coverage of a damage, it will be difficult to cover such damage. However, this entity tries to ensure the enforcement of the insurance law and other related regulations.
When the conflict is focused on the amount of the compensation, and there is no agreement on the coverage of the damage, the Insurance Law foresees a special proceeding by which each party shall designate an expert who will define the amount of the compensation, however, if no deal is reached, a third expert will be designated to find a final solution. It seems an easy proceeding, but its practical application has shown us that is very important that the report of the last expert designated is not challenged, to avoid a judicial procedure.
A judicial procedure, between the insurance company and the policyholder, or with a third party in cases of civil liability, is complex, as there will be many different technical aspects that will have to be determined by an expert. Moreover, the language used in insurance issues is as well complex and it will be relevant to have enough knowledge in insurance matters and all its branches. Depending on the type of insurance, we have to consider that there is a great influence from the Anglo-Saxon insurance market and the reinsurance market.
ARTICLES ON INSURANCE AND CIVIL LIABILITY
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