The insurance sector has been increasingly regulated by European Union legislation, mainly in pursuit of the protection of consumer rights.
The areas addressed are the requirements to be met by intermediaries, the necessary information in the product contracting process, the solvency of insurers and, on occasions, even the content of the coverage of certain policies.
On the other hand, this is a sector divided into two well-differentiated areas: domestic risks and major risks. Both are subject to different rules regarding the protection of the insured and freedom of choice of law. Likewise, each area has its own particularities that must be known when interpreting the application of each policy.
Every policy must preserve in its wording a clear and sufficient description of the exact content of the rights and obligations of each party, so that they are indubitably inferred from its text, in accordance with the adequate balance of rights between the parties and the adequate protection of the type of risk that is intended to be insured.
There are different legal principles and control mechanisms that are applied by the courts to ensure such balance and that must be considered when interpreting them.
The Lupicinio Cluster advises both insurance companies and the insured (not always classified as consumers) when drafting or interpreting the different types of policies from which certain controversies may arise, and, of course, when reacting to and handling a claim until the ultimate satisfaction of your claim, either judicially or extrajudicially.
Our experience also allows us to advise our clients on both national and international claims and to act in conjunction with the other professionals involved in the claim: mediators, experts, and adjusters.