Publications

Spain

Mapping of claims against insurance intermediaries

Spain stands out in a study of its market structure where agents operating on an exclusive basis are the overwhelming majority of insurance intermediaries, far ahead of brokers or bancassurance operators. Agents fall into two categories: they can work exclusively with one insurance company (first category: tied agents) or with several insurance companies (second category: multi-tied agents). The same distinction applies to bancassurance operators, who can operate as tied or multi-tied agents. The courts have placed particular emphasis on the distinction between these two categories of intermediaries, one representing the insured and the other representing the insurer.

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COURT DECISIONS

Opinion of the General Directorate of Insurance and Pension Funds (DGSFP) 14/20192.

The Spanish personal data protection agency (AEPD) has reminded intermediaries of the importance of adopting clear policies on personal data protection – Proceeding No.: PS/00403/2018

S. No. 293/2019 I.P.J. No. 39 (office) of 25 November 2019

Valencia Territorial Court, judgment of 30 October 2018: the insurer held liable for embezzlement by an employee of its single-tied agent

Valencia Territorial Court, judgment of 16 May 2017, the consequences of an insured’s contribution to his own loss

Territorial Court, 17 December 2014: Litigation relating to the theory of apparent authority

Supreme Court, 3 December 2014: is the general agent generally liable for the actions of its employees?

29 November 2007, Verification of the insured’s declarations and the situation of the insurance company issuing the policy

Supreme Court, July 2007: Litigation relating to the status of intermediaries

Supreme Court, 3 October 2005, Litigation concerning insurance premiums and fraudulent acts

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