About 500 jurists meet in Seville from Thursday to analyze the problem of insurance and its civil responsibility


| The scale analysis traffic compensation, after three years of entry into force of the aforementioned legislative reform of the law 36/2015 of April 22, it will be one of the key elements of the XIX National Congress of the Spanish Association of Lawyers Specialized in Civil Liability and Insurance that starts today in Seville which 500 lawyers from all over Spain will attend.

The aforementioned reform is important after incorporating as compensable facts the profit ceased, both in cases of people who work and earn income that are diminished as a result of the accident, as in cases that have not yet been accessed working market.

As well as certain expenses that were not previously compensated and so that they can now reach significant compensation, such as those related to the need for third-party help.

Among the speakers who have confirmed their attendance, Javier Lopez and Garcia de la Serrana, Secretary General of this association of lawyers mentions the three magistrates of the Supreme who will intervene in this XIX Congress.

In this way an issue like the “Operating Liability Insurance and Professional Civil Liability ”, will be addressed by the magistrate of the First Chamber of our Supreme Court Pedro Jose Vela Torres.

Vela will be in charge of defending this paper, «which with a great technical content will help us to know and differentiate this coverage so ambiguous that most of the policies confuse and unclearly collect, which is the exploitation RC and the professional RC ».

For this lawyer “both RC both are intended to cover possible damages caused as a result of the activity carried out by the insured entity and which has been the subject of insurance.

"Many times it leads us to the error of considering that a policy in question is ensuring a concept that will not be covered in the end."

This jurist also also mentions the eighth paper-one of the issues that undoubtedly elicits more debate and litigation in matters related to circulation, which is the distribution of responsibilities in cases of reciprocal damages.

For Lopez and Garcia de la Serrana "The positions that our jurisprudence has been maintaining in this matter have been different, but fortunately it seems that our Supreme Court is taking a uniform line and offers us a peaceful solution to this type of litigation."

The presentation has been entitled "Pathologies of insurance in the recent jurisprudence of the 1st Chamber of the Supreme Court."

It will be taught by Jose Luis Seoane, magistrate of the First Chamber of the Supreme Court, who will help us to understand and know, among many other issues, what is the position currently followed by our Jurisprudence in cases of reciprocal damages without proven guilt.

And why there is a different solution depending on whether it is bodily or material damage.

He will also analyze what he calls the pathology of knowledge, referred to delimiting, limiting, surprising and damaging clauses.

As well as the pathologies of the risk and the pathologies of the good faith, analyzing in the latter case the duty of declaration, the requirements of the breach of the duty of declaration and the consequences of the breach of the requirements of the duty of declaration.

Connection civil with labor

Our interlocutor also stands out, despite the high level of all speakers at Antonio Vicente Sempere, university professor and magistrate of the Fourth Chamber of the Supreme Court, who has chosen another matter of great importance.

"He will speak, through the presentation of several judicial pronouncements, a study on the connection of the right to compensation of the injured party within the scope of civil jurisdiction and within the scope of labor jurisdiction."

From his point of view “the paper goes far beyond what your title might suggest “Notes on the indemnity responsibility to the thread of labor problems of civil order”, addressing such interesting assumptions as those derived from the right to honor of workers, the responsibility of the administrator for labor debts or the responsibility for the deficient health questionnaire, issues that the rapporteur will highlight from each of them the most interesting for practical purposes. ”

A growing association

About this Spanish Association of Lawyers Specialized in Civil Liability and Insurance We can highlight that it is currently composed of more than a thousand lawyers.

After 19 years since its establishment there have been many lawyers specializing in this matter who have seen fit to participate in this Association in orderand deepen the study of civil liability and insurance.

According to experts, it is not easy the necessary advice in any type of claim for civil liability.

Whether this professional, industrial, environmental, in the building, for occupational accidents, for defective products and even in the defense of the right to honor, privacy and the image itself.

And it is that lawyers specializing in civil responsibility and insurance law cover all matters related to these areas, from the management of compensation claim for the coverage of any policy before an accident, up to the advice and defense of the client in all types of procedures related to said matter.

In this context, the jurisprudence of the Supreme Court has changed significantly in the last five years.

Javier Lopez and Garcia de la Serrana highlights that “in the last five years more than fifty sentences have been handed down by the Supreme Court that have meant a change or an advance in insurance matters. ”

For this lawyer, “the judgments referring to non-payment of premiums and their regulation, of September 10, 2015 and January 18, 2018, which clarifies what happens in the cases of transmission of the insured object of February 14, 2019, those referring to land transport insurance, of December 17, 2014 , November 26, 2015, March 4, 2016 and November 7, 2017 ”.

This lawyer also does not forget the sentence that analyzes the lack of informed consent as legal breach of the insured doctor, of November 25, 2013.

The one that determines the “risk” insured in the civil liability insurance subscribed in the scope of the supplying companies, of May 24, 2018, or the one that considers the rights limitation clause that excludes the liability for tax debts of the administrators in an insurance of executives, of January 29, 2019 ”.

Tips for hiring insurance

From this association of experts in RC and Insurance we are explained to Confilegal In order to take out insurance, you should consult with an insurance mediator and for any problem or incident you should always consult with a lawyer specialized in this matter.

It's about having a specialized lawyer, who may advise on any legal issue or incident that may have occurred related to any insurance.

Whether damage, fire, land transport, loss of profit, credit and surety, decennial, construction, legal defense, life, accidents, illness or health care or any other.

They also point out that users tend to self-assess that it is as dangerous as self-medication and that in the event of an accident you should go to a lawyer.

In addition, in the defense of all those cases where civil liability may exist, one must know that the difference between winning or losing the claim or the lawsuit can be marked by the lawyer chosen, so not choosing a specialist in this matter can be a fatal error.

Another element that they indicate to us is that it is important to know that most insurance policies include legal defense, although with some limitations.

This implies that the insured It has covered – up to the agreed limit – attorney expenses and attorney for the filing of any type of claim, regardless of who the insured chooses for it, so that he can designate the lawyer of his trust, having covered the amount of his fees by his insurer.

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