Lawyers specialising in insurance law in Spain
Insurance law governs how insurance contracts are drawn up, interpreted and enforced, as well as the rights and obligations arising between the insured, the policyholder and the insurer. This field of law determines what a policy actually covers, in which circumstances the insurer may limit or reject a claim, how damages should be assessed, and what mechanisms exist to resolve contractual or expert assessment disputes.
This is a crucial area for both individuals and businesses, particularly in situations where the scope of cover is unclear, a claim is rejected, or when it is necessary to review complex contracts such as group policies, insurance linked to financial transactions or high-risk cover.
At BGI LAW, we offer thorough and technical advice at every stage of an insurance contract: from the preliminary review of policies to legal defence in the event of a dispute. We analyse each case meticulously, identifying rights, obligations and potential breaches, and devise strategies to protect our clients’ interests against any insurance provider.
Our firm’s experience in insurance law
With offices in Marbella, Madrid and Vigo, and over thirty years’ experience, BGI LAW assists national and international clients with matters relating to personal, property and business insurance. Our membership of the international BGI Global network strengthens our ability to handle cases with cross-border elements or those involving international insurers. Our approach combines legal rigour, detailed contractual review and in-depth knowledge of the insurance sector.
Insurance Law Services
Taking Out and Reviewing Policies
Contract Management and Compliance
Complaints and Dispute Resolution
Corporate and regulatory services in the insurance sector
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Reinsurance
- Reinsurance contracts
- Technical and legal analysis
- Advice to insurance and reinsurance companies
Large risks policies
- Complex coverages
- International programmes
- Major corporate accounts
Mediation agreements
- Drafting, reviewing and negotiating agreements with mediators
- Regulatory compliance.
- Relations with brokers and agents
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Portfolio disposals
- Transfer of portfolios
- Mandatory communications
- Corporate transactions
Restructuring and the sale and purchase of insurance companies
- Mergers and acquisitions (M&A)
- Corporate restructuring
- Legal analysis for corporate transactions
Due diligence and legal due diligence in the insurance sector
- Compliance and risk audit
- Contractual and operational review
- Technical assessment for operations in the sector
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Insurance sector regulation
- Sector-specific regulations
- Relationship with the DGSFP
- Regulatory compliance and obligations
Insurance brokerages
- Incorporation and administrative authorisation
- Ongoing legal advice
- Regulatory compliance in insurance distribution processes
Supervision and regulatory compliance
- Forms and obligations vis-à-vis the supervisory body
- Internal compliance audit
- Regular inspections in accordance with current regulations
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Reinsurance
- Reinsurance contracts
- Technical and legal analysis
- Advice to insurance and reinsurance companies
Large risks policies
- Complex coverages
- International programmes
- Major corporate accounts
Mediation agreements
- Drafting, reviewing and negotiating agreements with mediators
- Regulatory compliance.
- Relations with brokers and agents
Insurance sector regulation
- Sector-specific regulations
- Relationship with the DGSFP
- Regulatory compliance and obligations
Insurance brokerages
- Incorporation and administrative authorisation
- Ongoing legal advice
- Regulatory compliance in insurance distribution processes
Supervision and regulatory compliance
- Forms and obligations vis-à-vis the supervisory body
- Internal compliance audit
- Regular inspections in accordance with current regulations
Portfolio disposals
- Transfer of portfolios
- Mandatory communications
- Corporate transactions
Restructuring and the sale and purchase of insurance companies
- Mergers and acquisitions (M&A)
- Corporate restructuring
- Legal analysis for corporate transactions
Due diligence and legal due diligence in the insurance sector
- Compliance and risk audit
- Contractual and operational review
- Technical assessment for operations in the sector
Work methodology
1º- Análisis de la documentación
A comprehensive review of policies, terms and conditions, reports and correspondence.
2. Legal assessment
Identification of unfulfilled obligations, enforceable rights and risks.
3. Action strategy
Proposal for an out-of-court settlement or litigation, as appropriate.
4. Representation and follow-up
Representation before insurers, supervisory bodies or courts.
Preguntas frecuentes sobre el Derecho y Regulación del Seguro
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Do you review policies before taking them out?
Sí, analizamos condiciones, exclusiones y riesgos para asegurar que el contrato se ajusta a sus necesidades.
¿Puedo reclamar si el siniestro fue rechazado hace tiempo?
It depends on the applicable limitation period. We will examine your case to determine whether the claim is still valid.
Do you serve customers from all over Spain?
Yes, we provide our services anywhere in the country.
Do you provide insurance advice to businesses?
Yes, we have experience with group policies, professional indemnity insurance and insurance policies relating to business activities.
Can you advise me on the right of withdrawal?
Yes, we set out the time limits, requirements and legal consequences of withdrawal from insurance contracts.
When must a company notify the Directorate-General for Insurance of a portfolio transfer?
Where the transfer affects a significant part of the insurance business and requires prior administrative authorisation in accordance with sector-specific regulations.
What regulatory obligations must insurance brokers comply with?
They must provide evidence of training, hold the required insurance, fulfil pre-contractual information obligations, record transactions and comply with the Insurance Distribution Directive (IDD).
How is regulatory compliance managed within insurance companies?
This includes risk analysis, legal audits, a review of internal policies, ongoing monitoring and direct liaison with the DGSFP in the event of an inspection or request.
What legal risks are involved in mediation or insurance distribution agreements?
It is essential to review disclosure obligations, potential conflicts of interest, liability for errors in mediation and remuneration criteria that are consistent with current regulations.
What regulations apply to the sale or restructuring of insurance companies?
These transactions require administrative authorisation, compliance with the solvency regime, assessment of significant shareholdings and supervision by the DGSFP in accordance with the Solvency II framework.
Contact form
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