Both sides of the policy: for the policyholder who is not being paid, and for the insurer that needs to recover or to defend. Nobody knows a policy better than the lawyer who litigates from both trenches.
exclusions invoked after the event, limiting clauses that were never accepted in writing: the law requires them to be specially highlighted and expressly accepted (Article 3 of the Spanish Insurance Contract Act (LCS)), and many exclusions fall on that ground.
an insurer in default automatically incurs statutory interest increased by 50%, and no less than 20% per annum once two years have run from the loss (Article 20 LCS).
The injured party's direct action against the wrongdoer's insurer (Article 76 LCS — immune to the defences the company might have raised against its own policyholder).
we know the main policies circulating in the sector, so we can advise on coverage gaps and problem areas, and spare you unpleasant surprises when a loss occurs.
Subrogated recoveries against carriers, shipping lines, terminals and manufacturers.
series of claims from the same policyholder handled to a unified standard.
from fraud to unfounded direct-action claims.
cyber, COVID, strike clauses, insurance distribution: written, actionable advice.
Many operators carry policies that do not match their real business activity, especially in the transport sector. We advise you so that your insurance policies deliver real cover when you need it.
Two years in property insurance and five in insurance of persons (Article 23 LCS) — but in marine and transport matters, the periods against the liable third party run separately and are shorter (one year, sometimes a strict time bar not subject to interruption). It is therefore important to press claims against those third parties, so that the insurer cannot argue that its recovery rights have been prejudiced — especially when the company drags out the handling of the claim.
Yes, although the total payable can never exceed the loss claimed. In these scenarios it is important to coordinate the defence with the insurer. We have extensive experience in doing so from day one.
policy, wording, declinature: we assess whether you have a case, in writing.
with the precise case law (limiting clauses, interest, surveys) and clear numbers.
claiming interest and legal costs, and citing precedent.
portfolio triage, claims pursued in series, selective litigation.
No: you may appoint your own expert and, if they disagree, a third one decides (the expert procedure under Article 38 LCS) — surveys are fought with surveyors.
A lawyer's intervention can unblock the file. A formal claim with deadlines and interest.
If it indemnified your customer, yes (subrogation) — subject to its limits and defences.
The professional liability of the insurance intermediary exists — and so does its defence.
Yes. Late notification of a claim does not mean it can be declined automatically, but declaring it in time matters greatly. Contact us and we will assess your case.