Earlier this year, a Chilean court found an insurance broker
liable to an insurance beneficiary for failing to obtain the
insurance coverage requested, which led to the insurer denying the
beneficiary's claim for disability benefits. Silva v.
Vorbezza, C-7077-2007 (Juzgado Civil de
The court found that a workers association had requested that
the broker obtain death and disability coverage for its members,
including in the event that they were injured in the course of
their work as horsemen. The broker obtained death and disability
coverage for the organization's members, but the policy
contained an exclusion for death or injuries occurring during the
beneficiaries' professional work.
The beneficiary plaintiff suffered an injury while engaged in
horseback riding and suffered 70% disability. The insurer denied
coverage and the beneficiary brought suit against the broker. The
court found the broker liable for failing to obtain the requested
coverage and imposed damages in the amount that would have been
recoverable under the insurance policy had it been properly
The court further refused to dismiss the beneficiary's claim
on the basis that the four-year time bar had passed, finding that
the broker's communications with the beneficiary interrupted
the running of the time bar. There is some question whether this
further holding is supportable under Article 2518 of the Chilean
Civil Code, which requires that a defendant recognize an
obligation, not simply correspond with a plaintiff, in order to
interrupt the time bar.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Brazilian reinsurance market extended their discussions with the Brazilian insurance regulator ("SUSEP") regarding the need to clarify certain parameters established by Article 37 of the Resolution No. 168...
Ever since the implementation of Supplementary Law no. 126/07, which put an end to the reinsurance monopoly, the Brazilian market has been undergoing constant changes related to the rules on reinsurance placement and risk capital.
Venezuela remains an enticing and daunting jurisdiction in 2010, as the government continues to intervene in the financial services and other major industries and the insurance industry faces the prospect of a new comprehensive insurance law.
Cover for liabilities not covered by hull and machinery policies in marine insurance is generally provided on a non-profit basis by Protection and Indemnity Associations also known as P&I Clubs which are based on mutuality.
As from 1 August 2015, Argentina has in force a new Civil and Commercial Code enacted by Law Number 26,994 (Código Civil y Comercial de la Nación or CCCN) that repealed the former Civil Code and Commercial Code.
Recently, the Brazilian Private Insurance Supervisory Agency (SUSEP) has made publicly available the draft of a new Resolution by the National Council of Private Insurance (CNSP), ..
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).