Insurance Law

We maximize the coverage of your policies and defend your financial interests in large claims and disputes with insurance companies

We Tip the Scales against Insurance Companies

Insurance contracts are characterized by their high technical complexity and “small print” (general and specific conditions). Often, when a critical claim occurs for your company or your assets, the insurer’s response is to deny coverage or propose insufficient compensation based on ambiguous exclusions

At Legal Excellens, we are experts in the interpretation of policies and the regulatory framework of the Insurance Contract Law in Spain. We represent companies, directors, and individuals in high-value litigation against insurance companies

Likewise, we provide regulatory advice (Compliance) to brokerages, underwriting agencies, and international insurers wishing to establish themselves or operate in the Spanish market under the supervision of the DGSFP

Our Insurance Practice Areas

Claims and Litigation

Active defense against coverage denials

  • Damage Claims: Large industrial losses, fires, floods, and Business Interruption
  • Coverage Disputes: Challenging abusive exclusions and unfounded denials
  • Expert Appraisals and Third-Party Interventions: Management of Article 38 of the Insurance Contract Law (LCS) for the appointment of third-party experts (umpires)

Corporate Insurance

Asset protection for companies and directors

  • D&O (Directors & Officers) Policies: Protection of directors’ personal assets against corporate claims
  • Professional Civil Liability: Defense against professional negligence and errors (E&O)
  • Cyber Risks: Advice on policies covering hacks, ransomware, and data breaches

Regulatory and InsurTech

Advice to the insurance and distribution sector

  • Compliance (DGSFP): Authorizations, freedom to provide services (FPS), and right of establishment
  • InsurTech: Legal viability of new digital insurance business models.
  • Policy Drafting: Design of insurance products tailored to the Spanish market.

Why trust our Insurance Lawyers?

Preventive Policy Audit

We do not wait for a claim to act. We review your company’s insurance programs, identifying coverage gaps and detrimental clauses, so you can negotiate better terms with your broker before a crisis occurs.

Firmness in Negotiation

Insurance companies know which law firms are willing to go all the way in court and which are not. Our forceful profile as litigators compels companies to negotiate fair and swift compensation to avoid prolonged litigation and cost awards.

Frequently Asked Questions about Insurance Law

The insurance company has rejected my claim alleging “lack of coverage”, what can I do?

Never accept an initial rejection as definitive. Insurance companies often apply very restrictive interpretations in their favor. We will analyze your policy in detail; if the limiting clause does not meet the strict legal requirements (being highlighted and expressly signed), we can demand its nullity and force the payment of compensation.

Why do company directors need D&O insurance?

Spanish legislation imposes very severe liability on directors, who are liable with their present and future personal assets for negligence, corporate debts (if they do not dissolve in time), or claims from partners and third parties. The D&O (Directors & Officers) policy finances the legal defense and covers potential compensation, shielding their savings and properties.

I do not agree with the compensation offered by the company’s loss adjuster, do I have to accept it?

Absolutely not. If the company adjuster’s proposal is insufficient, the Insurance Contract Law allows you to appoint your own independent expert. If both experts cannot agree, a third expert (umpire) is appointed. We advise you throughout this technical-legal process to maximize your payout.

Do not let the insurance company decide for you

If you have suffered a major loss or the insurance company does not comply with what is agreed in your policy, put your case in the hands of independent specialist lawyers.

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