We provided legal representation for one of the most important insurance companies in the country and obtained a favorable decision preventing the payment of a coverage amount estimated at S/ 2 million. We are responsible for more than 300 administrative proceedings in the field of consumer protection, dealing with issues related to the insurance, banking, real estate, automotive and retail sectors.
Area: Administrative Proceedings Indecopi - Consumer Protection
We have successfully challenged one of Indecopi's interpretation criteria regarding the temporary application of the Insurance Contract Law. Based on this interpretation criteria, and considering that the provisions of the current Insurance Contracts Law are applicable, Indecopi imposed several modifications to contracts entered into prior to the enactment of said law, some of which are very important, such as the termination procedure. Within the framework of an administrative litigation process, we have obtained judgments declaring the decision of Indecopi null and void, as well as precautionary measures suspending the effects of the resolution issued by this entity.
Area: Insurance - Temporary application of the insurance contract law.
In recent years, Indecopi has stated that it does not have the authority to declare an insurance contract null and void due to its administrative nature.
This situation has led to insurance companies being required to provide coverage for certain claims even though they have been found null and void.
Given the situation described above, we have developed and implemented a strategy to challenge the validity of insurance policies in court on grounds of fraud, breach of the principle of good faith on the part of the contracting party, and misrepresentation, among others. As a result, we have obtained judgments declaring the nullity of several insurance policies.
Area: Insurance - Nullity of contracts
In the context of arbitration proceedings, we have obtained arbitration awards confirming the denial of coverage requested by insureds in relation to significant amounts of coverage for which we were able to prove the constellation of different exclusion assumptions or the loss of indemnification rights.
We provided legal representation both before the Arbitration Center of the Chamber of Commerce of Lima and before CECONAR - Conciliation and Arbitration Center of the National Health Authority.
Area: Insurance - Denial of Insurance Coverage