Insurance in Chile
Insurance is the core practice area of boutique law firm Acuña, Hoetz & Cifuentes, which has a particular focus on high-value loss matters. The four-strong practice, including three partners, has been involved in practically all of the largest insured losses that have occurred in Chile during the last 30 years. It assists with both the adjustment and settlement stages, as well as subsequent judicial proceedings and arbitrations, and complex subrogation actions. Senior partner Alejandro Acuña is an insurance, reinsurance, arbitration and litigation specialist, who consistently acts for local insurers and international reinsurers in high-profile matters; while Felipe Hoetz is an insurance, reinsurance and loss adjusting expert. Luis Cifuentes provides strong contentious support.
‘The professional analyses of the firm are explanatory for non-lawyer executives. This makes them different, given the time and level of technical arguments that they provide in their conclusions.‘
‘Thorough knowledge of insurance matters and laws of the countries, as well as a great command of English.’
‘It is a multidisciplinary team that covers all possible aspects of cases assigned to them. They are very professional in their analysis and the time spent on it shows in the quality of their reports.‘
‘They stand out for the quality of their reports and the full dedication to the case they have been commissioned to analyse.‘
‘Undoubtedly, the team that makes up this firm differentiates it from others for its professionalism and the success they have had in different arbitrations.‘
‘Alejandro Acuña is of great support in work meetings with parties, being very clear and forceful in his conclusions. His dedication and professionalism make him stand out from the competition.‘
‘Felipe Hoetz is outstanding in the work he carries out. He stands out for his strategy in visualising the different edges that a case may have.‘
‘Luis Cifuentes stands out for his experience in court.‘
The Griffin Insurance Association
Caja La Araucana
- Acted for ACE/Chubb, Liberty, Sura and Southbridge in two separate recovery actions against Costanera Norte, Sacyr and Chile’s Ministry of Public Works, which involved a flood-related loss affecting dozens of office and residential buildings in Santiago.
- Acted for HDI Seguros, and its reinsurers, in respect of losses claimed by the Sanatorio Aleman hospital, further to a gas explosion that caused three deaths and serious property damage in Concepción.
- Acted for Chilean insurance broker, Recover America, in its dispute with Metlife, which related to Metlife’s decision to cease payment of commissions.
- Acted for Southbridge (Fairfax) in recovery actions against Sodimac further to a fire at a Walmart supermarket.
- Acted for reinsurers in the London market, led by Brit, in a matter involving the negligent maintenance of an Agusta Westland AW109SP helicopter.
The 17-strong department at full-service, heavyweight Carey advises large international insurance companies and broker operations on complex, high-profile contentious and non-contentious insurance and reinsurance matters, including regulatory matters and corporate insurance. Recent highlights include advising BNP Paribas Cardif's Chilean entities on a 15-year regional bancassurance alliance with Scotiabank for the development of bancassurance and distribution of innovative solutions to Scotiabank customers in Chile. Highly rated for regulatory issues and insurance litigation, Matías Vergara and Marcos Ríos, who focuses on insurance-related corporate and M&A matters, co-lead the insurance and reinsurance practice; while Pablo Iacobelli is a longstanding, go-to counsel for MetLife Chile and MetLife USA, in relation to their Chilean matters. Former chief counsel of MAPFRE Group surety insurance-company, Solunion SGC, Jorge Soto is a key associate.
‘They have a very good and very competent team, with a lot of knowledge in insurance matters.‘
‘They have a great understanding of insurance regulation and are capable of generating solutions to fit clients’ needs.‘
‘Matías Vergara shows a lot of experience and knowledge.‘
BNP Cardif Seguros de Vida
Solunion Chile Seguros de Crédito
Mapfre Chile Compañía de Seguros de Vida
Metlife Chile Seguros de Vida
Porsche Volkswagen Servicios Financieros
Liberty Compañía de Seguros Generales
Fundación Imagen de Chile
United Health Group
- Advised Solunion Chile Seguros de Crédito on a credit insurance portfolio acquisition, which included a preferential option agreement for the renewal of credit insurance policies that were previously issued by HDI Seguros de Garantía y Crédito.
- Advised TSGF, which is owned by SunPower and TotalSolar, on the structure, negotiation and execution of an insurance and reinsurance programme required for the financing of a photovoltaic power plant.
- Assisted Porsche Volkswagen Servicios Financieros with the incorporation of an insurance brokerage entity and the subsequent commercialisation of vehicles’ insurance policies.
- Acted for Coopeuch on the incorporation and registration of its insurance broker affiliate, and the structuring of the future implementation of its new bancassurance business, through a new insurance broker affiliate.
Acting for insurers, reinsurers and brokers, Estudio Carvallo's 13-strong department is highly rated in the market for its longstanding, top-flight advice to both the local and foreign insurance markets. Representative expertise includes the drafting of insurance policies, agreements, coverage analysis, legal defence of insurers (including headline casualty claims) and the development of affinity insurance products. The firm also fields specialists in administrative matters that involve the registration of insurance-related entities. Managing director Manuel Carvallo focuses on insurance law, litigation and class actions; Marcelo Simian is the firm's casualty division's head attorney: and Francisca Román is chief of civil and commercial litigation, subrogation recoveries and guarantee insurance. The firm's recommended non-partner attorneys are Carlos Valdebenito and José Joaquín Carvallo.
‘Estudio Carvallo stands out for its recovery services, legal advice, legal defence for policyholders in civil liability claims, and defence in arbitrations.‘
HDI Garantía y Crédito
Liberty Seguros Generales
Chubb Seguros Generales
Southbridge Seguros Generales
Zurich Santander Seguros Generales
Consorcio Seguros Generales
Suramericana Seguros Generales
- Advisory on legal recovery actions on behalf of insurance companies, including investigations in order to clarify the likelihood of recovery.
- Acted for Chubb in relation to an insurance fraud.
- Acted for AXA XL Reinsurance in an insurance subrogation action following the failure of marine fish farm nets, which allowed the escape of almost 700,000 salmons from a fish farm centre.
- Assisted Agricom with an extensive insurance coverage programme review.
- Assumed the legal defence of CGE, in relation to a fire that affected the entirety Paredones County (VI Region) and involved allegations of lack of insurance coverage.
DAC Beachcroft Chile
DAC Beachcroft Chile is the Chilean arm of leading international legal business, DAC Beachcroft LLP, itself a founding member of Legalign Global, a closely integrated alliance of four multi-national law firms that focus on the insurance market. The practice's nine-strong team provides an extensive service to insurers and reinsurers, with particular strength in advising on complex and high-value claims. Chile-office insurance team head Andrés Amunátegui is also chair of the firm's regional Latin American practice; and Guillermo Amunátegui is experienced in insurance-related regulatory issues. Key associate-level support is provided by reinsurance law expert Nicolas Le Blanc, litigation and arbitration head Javier Moya, and insurance law specialists Andrés Faraggi and María Jesús Pérez.
Chilena Consolidada (Zurich Chile)
AXA – XL
Tokio Marine Kiln
- Acted for AXA XL in its attempt to revert an unfavourable first instance judgment, further to a large fire that took place in central Chile.
- Acted for Neon Underwriting in six different medical malpractice cases, which involved one of the largest medical institutions in Chile.
- Acting (as loss controller) for Tokio Marine Kiln in a liability case that affected a large residential part of Santiago, further to a broken water pipe that produced a flood.
The Santiago office of global law firm Kennedys provides specialist advice to both international and domestic insurers. Typical work includes the defence of claims, policy wordings, coverage advice and corporate insurance; and the practice regularly acts in high-value, complex claims, particularly in relation to mining, energy and finance-related matters. Mario Diemoz heads up the insurance and reinsurance practice group, while Gian Carlo Lorenzini leads on litigious matters. In 2019, the Chilean office absorbed boutique firm Peralta, Gutierrez y Asociados, which brought José Antonio Gutiérrez -the current chair of the Legal Committee for General Insurance at the Chilean Association of Insurance Companies- into the team. Former senior associate Rodrigo Hayvard moved in house as associate general counsel at Fid Seguros in August 2019.
The eight-strong team at Prieto Abogados is well known for insurance regulatory matters, in relation to the approval of new -or the acquisition of existing- insurance companies. The practice also fields experts in distribution agreements for insurance products, such as bancassurance agreements, mortgage-related policies, mobile-phone protection policies and extended warranty policies. In addition, it has broad litigation experience in claims and insurance recoveries that involve risk (including fire, earthquake, business interruption, insolvency and general liability). Senior partner Patricio Prieto L heads the insurance and reinsurance department, which also includes litigation and arbitration head Fernando Samaniego and associate María Cristina Ríos Llaneza.
‘Undoubtedly one of the strengths of this incredible team is its commitment to the real needs of the client. They take the commitment to the highest level, soaking up information and the needs and expectations of the client. All this means that, as a client, we are calm and confident that they are representing us with full knowledge of our needs and objectives.‘
‘The attention and empathy with which each one of the team members helped us are really important. This attention is key to our choosing them as our lawyers.‘
‘Prieto’s insurance practice is very good.‘
‘Patricio Prieto L is an excellent lawyer in this area.‘
Assurant Chile Compañía de Seguros Generales
HDI Seguros Generales
HDI Seguros de Vida
HDI Seguros de Garantía y Crédito
Chubb Seguros de Vida Chile
Chubb Seguros Chile
Compañía de Seguros Confuturo
Compañía de Seguros Vida Cámara
Assurant Services de Chile
Seguros de Vida Suramericana
Southbridge Compañía de Seguros Generales
American Bankers Life Assurance Company of Florida
American Bankers Insurance Company of Florida
HDI Global Network
- Ongoing advisory to American Bankers Life Assurance Company of Florida regarding filing requirements with the regulator, compliance matters, and reinsurance agreements.
- Daily assistance to Assurant Chile Compañía de Seguros Generales regarding its Chilean operations, including drafting insurance policies and compliance matters.
- Assisted HDI Global Network with its filings before Chilean insurance regulator Comisión para el Mercado Financiero.
Pumpin, Dorfman, Nasser, Diaz (PDND)
Although predominantly focused on insurance-related dispute resolution and litigation, Pumpin, Dorfman, Nasser, Diaz (PDND) also advises companies that provide damage, credit and life insurance policies. In addition, the practice acts for brokers and liquidators and assists with regulatory issues. Overseeing the firm's insurance practice are experienced name partners: Marcelo Nasser (Director of the Diploma in Insurance Law at the Chilean Association of Insurers' School of Insurance); Gabriel Pumpin, whose practice includes maritime insurance; and Ignacio Díaz, whose broad practice includes transport matters.
‘They are probably one of the most important firms in the country in counselling and dispute resolution in this area. The availability to serve their clients is really amazing; they attend to our requirements in a very short time. For me they are far superior in insurance matters than other legal teams.‘
‘This is a firm that has handled the entire insurance area for more than 20 years and that compares very favourably to others in this area, as they handle commercial and civil law matters with particular knowledge.‘
‘The PDND team is one of the most competent in insurance and conflicts, which arise from insurance and reinsurance in Chile. It is led by Marcelo Nasser, who is a renowned scholar and practitioner on topics associated with this practice.‘
‘The knowledge of the members of PDND is superior. This firm differs from its competitors due to its knowledge of commercial and civil law, and its active participation in dispute settlement through its litigation practice and knowledge of arbitration matters.‘
‘In this firm, matters are handled directly by the senior partners, which guarantees quality advice.‘
‘Marcelo Nasser is not only an academic but also participates in the insurance market as an adviser to multiple life and general insurance companies, liquidators and brokers.‘
‘Marcelo Nasser has very good availability, in addition to clarity of ideas and solutions for complex issues. He really stands out from the rest, and as an insurance expert he is truly outstanding and his reports are of excellent quality.‘
‘Gabriel Pumpin has been linked to the insurance business for more than 30 years, and he and Ignacio Díaz are specialists in maritime and transport insurance.‘
Continental Cia de Seguros
Chilena Consolidada Seguros
Zurich Santander Seguros
- Permanent advisory to the Hites Group on insurance law matters.
- Permanent advisory to Chilena Consolidada on general insurance law.
- Permanent advisory to Continental Compañía De Seguros De Crédito and Continental Compañía De Seguros Generales on reinsurance issues.
RRG Abogados was founded in April 2019 by insurance department leader Roberto Ríos; Stefanie Ramdohr, who has extensive experience in litigating liability insurance claims and insurance arbitration; and labour liability insurance and medical liability claims head, Alonso Garcia, formerly of Ríos Tagle Alessandri & Romero (now RTA Abogados). The six-strong department is highly experienced in the formation of new insurance and reinsurance companies in Chile; corporate and regulatory-related insurance advice; litigation and arbitration claims; and policies and underwriting processes.
‘These are lawyers with extensive knowledge of the insurance industry. It is a team that adapts to the needs of the client and is capable of understanding that the solution is not always only legal.’
‘They give comprehensive solutions. I like that they comment on the strategy to follow and they welcome suggestions and comments from their clients very well. But they also have the confidence to refuse, if they really believe that something is not right, or on the other hand, have to recommend the client not to follow through with a decision. This is appreciated.‘
‘They have the ability to understand and suggest different solutions and advise in the best way, even when it is against their own interests.‘
Chilena Consolidada Seguros Generales
Chubb Seguros Chile
Liberty Cía. de Seguros Generales
HDI Compañia de Seguros Generales
Seguros Generales Suramericana
Reale Chile Seguros Generales
Suaval Seguros de Garantía y Crédito
Mapfre Compañia de Seguros Generales de Chile
RTS Internationial Loss Adjusters
- Acted for Chubb Seguros Chile in labour liability claims that derived from work-related accidents.
- Acted for Liberty Cía. de Seguros Generales in a claim which related to the Rio Mapocho’s overflow.
- Acted for CGE in a series of claims concerning the largest forest fires in Chile’s history to date.
One of the largest and most prominent full-service firms in the Chilean market, Barros & Errázuriz is experienced at advising insurance companies on the incorporation and establishment of insurance companies, corporate governance matters, and the disposition of large blocks of shares in insurance companies. The team also assists with insurance-related litigation. Carlos Ducci heads the insurance department and Javier Díaz is the firm’s insurance regulatory expert. Key associate support is provided by Jorge Covarrubias.
Mapfre Compañía de Seguros de Vida
BTG Pactual Chile
Contempora Servicios Financieros
Colmena Seguros de Vida
- Advised Contempora Inversiones, Inversiones y Servicios Financieros San Cristobal II, Asesorías e Inversiones El Alba and Boris Buvinic Guerovich on the acquisition of life insurance company Itaú Chile Compañía de Seguros de Vida.
Cariola Díez Pérez-Cotapos's insurance group regularly acts for large industrial and commercial clients in claims against insurance companies, particularly in relation to insurance policies that cover construction, mining projects, commercial stores and distribution centres. The practice also assists with reviewing insurance policies, negotiations with insurance and reinsurance companies, developing new business, and regulatory requirements. Florencio Bernales leads the insurance group, which also fields experienced partner Raimundo Moreno and Tomás Vidal, who was promoted to partner in January 2020.
‘The team is solid. They are professionals from different disciplines, which means the final product is of high quality.‘
‘They are always looking to help the client achieve its legal and commercial objectives.‘
‘They are a good business partner.‘
Chubb Group Holdings
Guy Carpenter & Company Corredores de Reaseguros
- Acted for Ripley in an adjustment procedure concerning two major robberies, which occurred in its San Bernardo distribution centre in 2018.
Grasty Quintana Majlis & Cia.
Grasty Quintana Majlis & Cia. has longstanding insurance industry experience, including developing novel policies for individuals and companies, structuring complex transactions, regulatory matters, and insurance-related litigation. The principal contacts are founding partner Alejandro Quintana, and dispute resolution and public law head Jorge Meneses. Former partner Eduardo Marchi left the firm to found Marchi & Cía. in July 2019.
Orion Seguros Generales
- Ongoing counsel to Chilean insurance company Orion Seguros Generales regarding recovery claims which predominantly involve air, land and maritime transportation.
Molina Ríos Abogados
The 12-strong department at boutique law firm Molina Ríos Abogados is particularly focused on insurance-related claims, which relate to international credit, risk construction, civil responsibility, and guarantee and life insurance, among others. The team also assists with non-contentious insurance matters, including insurance policy drafting. Name partner Carlos Molina is recommended for contentious matters, with key support coming from Felipe Correa and Rachid Ruiz who both made partner in 2019, giving the firm greater depth.
‘They are very good at guarantee insurance and insurance related to construction activity.‘
‘Carlos Molina (at senior level) and Felipe Correa (as new partner) form an outstanding team. They have proven experience in construction law and in the legal aspects of warranty insurance.‘
Mapfre General Insurances
Caja Reaseguradora de Chile
Solunion Credit and Guarantee Insurance
Mapfre Life Insurance
Emin Ingeniería y Construcción
- Defended Emin Ingeniería y Construcción against a claim for the specific performance of an insurance policy.
Vergara, Fernández, Costa & Claro
Vergara, Fernández, Costa & Claro's multi-disciplinary team has broad insurance law experience, including both insurance-related transactions and insurance claims. Name partners Gloria Claro and Sergio Fernández head up the insurance and liability practices, and commercial and insurance departments, respectively. Key support is provided by counsel Manuel García de los Ríos and associate Catherine Campbell.