Insurance litigation—Chile—Q&A guide
Insurance litigation—Chile—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—Chile—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in Chile published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Jorquiera & Rozas Abogados—Ricardo Rozas; Max Morgan

1. In what fora are insurance disputes litigated?

As an introductory note, the Chilean insurance landscape was altered when amendments to Chile's Commercial Code came into force on 1 December 2013 (the new law). Until 1 December 2013, Chilean insurance contracts were governed by laws dating back to 1865. The changes to the legislation were purportedly made to bring Chilean insurance law into line with modern insurance law at a national and international level. According to article 29 of the Chilean Insurance Act (also known as DFL 251), any dispute arising from insurance and reinsurance contracts governed by the law shall come under the jurisdiction of the Chilean courts. This rule is mandatory and cannot be repealed by agreement of the parties. Therefore, although there is contractual freedom to agree on the applicable law, any dispute must be settled in principle in the Chilean courts. Nevertheless, once a reinsurance dispute effectively arises, the parties to the reinsurance policy are entitled to resolve disputes under Chile's international arbitration rules. In addition, the new law states that insurance disputes will usually be resolved through arbitration, although an insured has the

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