Career Biography

Lawyer from the Central University of Ecuador, Specialist and master’s in business law from the Simón Bolívar Andean University, and Specialist in Insurance from the Institute of Banking and Financial Practices. With a solid track record in the insurance sector, I excel in the design of technical defence strategies and the resolution of complex disputes before regulatory bodies and courts of law. My practice focuses on financial risk mitigation and compensation process optimisation.

Among my most relevant cases, I led the strategic defence in unemployment coverage of Aseguradora del Sur against a massive claim arising from a personal accident policy with unemployment coverage. In the context of the pandemic, a retail company sought payment of US$7 m. for a portfolio of independent clients who did not meet the contractual documentation requirements.

After exhausting all avenues of complaint and appeal, the insured filed appeals for review with the Superintendency of Companies, Securities and Insurance (SCVS). Due to the operational magnitude, the regulatory body segmented the case into three specific claims. The main challenge was one of management: under a strict deadline of five business days, I coordinated the compensation team to analyse and respond individually to more than 4,000 cases, demonstrating the lack of technical basis in each one.

The administrative authority upheld our position. Thanks to this technical defense and the subsequent expiry of the claims, the company avoided a financial loss of US$7 m.

I was also involved in a successful case that involved a Directors and Officers (D&O) liability policy in relation to a claim for US£2.7 m. in professional fees, arising from an allegation of embezzlement of US£80 m. from the Ecuadorian Teachers’ Severance Fund (FCME).

The conflict escalated when the director of the institution hired legal services without the consent of the insurer and sought full payment of the proposal, exceeding the policy limit (US£75,000). At the same time, through a mediation process with the FCME, we achieved the cancellation of the policy and the refund of premiums after demonstrating that the Director did not have the authority to contract the policy.

Despite an adverse ruling in the Administrative Court ordering the payment of UA2.7 m., an appeal was filed with the National Court of Justice.

The National Court of Justice overturned the ruling and annulled the SCVS resolutions, achieving a victory that exempted the insurer from paying US$ 2,720,000.00.