The right of subrogation of insurers is a common institution in most Latin American countries. However, although in all cases law establishes the right, the conditions regulating its exercise differ in each country. For instance, in some jurisdictions the right of subrogation applies to any insurance type, while in others certain types of insurance are excluded.
Moreover, while in some jurisdictions insurers may unilaterally waive this right, in others waiver is not allowed due to the mandatory nature of the rule enshrining the same.
Finally, in all countries, policyholders shall preserve and support insurers while exercising their subrogation right.
In view of the above, this report presents the responses prepared by Insuralex exclusive members within the region to some common questions regarding the legal development of the right of subrogation.
About Insuralex Latin America
Founded in 2002, Insuralex is a network created by independent law firms that specialise in Insurance and Reinsurance coverage, defence, litigation, regulatory and all other related legal services.
Insuralex works for a wide range of clients including insurance and reinsurance companies, Lloyd’s syndicates, insurance and reinsurance brokers as well as captives and self-insured companies.
Insuralex Latin America brings together the best lawyers from leading insurance practices across Latin America to offer clients unparalleled specialist legal support. Each member of Insuralex is considered to be a leading practice in this specialist field within its national jurisdiction.
By bringing together the most trusted legal firms in their local markets, Insuralex also brings with it access to the most experienced, trusted and knowledgeable insurance lawyers in their respective Latin American markets.
When it comes to working together, Insuralex Latin American members offer unrivalled results. (See some Latin American Insurance Reports here: https://insuralex.com/reports/)
Insuralex Latin American members are based in Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Mexico, Panama, Paraguay, Peru, Uruguay and Venezuela.