Insurance Law 2020-04-15T12:46:03+00:00

INSURANCE LAW

After working for over 15 years in the Insurance Sector, at EVERLAW, we are perfectly aware of the special characteristics thereof, which allows us to combine our experience and multi-disciplinary capacity to achieve the technical excellence our clients need and which we have been proving with a long record of positive results for insurance companies, brokers, policy holders and the insured.

Our work includes providing defence for a wide variety of affairs in court and out-of-court proceedings as well as arbitration, guiding our clients through an ever more complex regulatory framework. Plus, we participate in the creation and development of new products for the market and resolve applicability problems in already existing policies within companies.

Our Philosophy is to prevent lawsuits as the primary way to resolve our clients’ problems by activating alternative out-of-court tools from the very beginning, always under the principles of Efficiency and Performance as the priority objectives of our work.

When these solutions are not an option, we defend cases by trusting in our abilities and experience as procedural attorneys, which is our real baggage- our Team as it has participated in the most relevant insured events our Sector has faced in the last decade, and this means we get the best results.

  • PROFESSIONAL CIVIL LIABILITY

    If we had to name a specific area of specialty to define the EVERLAW team, it would no doubt be professional civil liability, a legal field where we have had an outstanding presence in all jurisdictions and in the most relevant proceedings.

    This cumulative experience puts us in a privileged position to be able to offer top quality services in defending the interests entrusted to us.

  • CONSTRUCTION LAW

    We know exactly which problems our clients face in these processes and, thanks to our extensive experience in this sector, have the legal tools necessary to mitigate the risks deriving from them.

    In this area, we offer advice for and counsel all types of stakeholders in the construction industry (developers, builders, site management, etc.), technical control authorities, architecture and engineering firms and project managers in any branch and jurisdiction with particular experience in occupational accidents and construction defects.

  • EMPLOYERS’ LIABILITY (CRIMINAL AND CIVIL)

    The consequences deriving from an occupational accident are one of the major problems for large and small companies nowadays. At EVERLAW, we have a specific department that handles civil, criminal and labour branches, allowing us to offer advice and comprehensive assistance in this field in order to minimise derivative personal and economic risks.

    Our experience further allows us to offer training and preliminary consulting to companies, so they may establish the necessary protocols to minimise risks in this area, so as to avoid accidents and be fully aware of the actions to be taken an incident does occur, in the benefit of all sides.

  • MEDICAL AND HEALTHCARE CIVIL LIABILITY

    Medical liability is a technical subject of great complexity that requires a profound understanding and specialized training, skills our Health Department lawyers at EVERLAW possess. Our knowledge of the Insurance sector, especially in the field of Civil Liability, has enabled us to develop our practice efficiently.

    At EVERLAW we have a track record of success, practicing across all jurisdictions both representing and defending Public Health Services, Health Workers, Private Hospitals and Medical Centers (including aesthetic medicine). Our counseling services include management of losses— from the perspective of the insurance company (exchanging information which will help companies allocate funds for foreseeable legal expenses) to the perspective of the insured (public services, private entities, or individuals). We collaborate with them on how to deal with losses and coordinate our efforts with medical experts and health service administrative and technician members.

    All this translates to EVERLAW´s guarantee of a reliable, efficient, and effective service in management and counseling of the health law sector, based on the substantial combination of technical and legal experience.

  • INDUSTRIAL RISKS

    In a strategic sector with profuse and ever-changing regulations, EVERLAW’s assistance offers a crucial protection against related uncertainties.

    The advising services provided by our various areas of practice cover all legal and regulatory aspects in the energy sector and for the companies engaged in energy-related operations.

  • RUN-OFF CLAIMS AND DEBT RECOVERY PROCEDURES

    Given our extensive experience in the insurance sector, at EVERLAW, we know how incident-related debt recovery procedures and claims from run-off policies have an impact on companies’ profit and results account. For this reason, we offer a flexible and efficient service aimed at lowering the negative consequences of these situations.

Our daily work in the Courts and Tribunals in the field of Insurance Law gives us the proper knowledge to offer the essential added value for Underwriting Departments when creating their new products and improving existing ones.

Furthermore, we advise companies and corporations in relation to the products that best match their business to be fully covered.

Insurance policies have become increasingly more valuable and common in the current economic situation, shaping one the most complex branches of our legal system and involving all fields of law, public and private, requiring specialized training and knowledge.

In this sense, other than the typical civil liability policies, which are increasingly being used in our daily legal and commercial transactions, we can also find very diverse policies; a special mention must be done of the policies regarding Senior Managers and Directors, the well know D&O policies. Case law has extensively analyzed and interpreted these policies. Special mention must also be done to policies involving cyber-related security breaches or similar events: the Cyber Risk policies which are currently being used more frequently in the insurance market.

We cannot forget about Surety Bonds, increasingly common but not very developed in our legal framework (Law 50/1980, on Insurance Contracts only mentions surety bonds in article 68), has recently acquired great significance both in the public sector, where it is used as a guarantee against the administration in contractual compliance, as well as in the private sector, more often used for commercial or industrial risks where the insured is a professional or a business, which have wider contractual discretion.

All these situations and policies require a profound understanding and specialized training, skills our lawyers at EVERLAW possess. We have more than 20 years of experience dealing with the insurance sector and we offer reliable and efficient counseling, evidenced by our excellent results for our clients. Our counseling does not stop there, as we also advice on the management of claims received by insurance companies, providing constant feedback regarding risks communicated by their insurers.