Practice area · 07

Insurance Law

Litigation and counsel in insurance disputes

Insurance contracts often become disputed when claims are denied, partially paid, or unjustifiably delayed. At Guevara Castaño Abogados we represent insureds, beneficiaries, and third-party victims in disputes against Colombian insurers, structuring claims under the Commercial Code framework and Constitutional Court doctrine.

Insurance Counsel and Litigation

We handle claims involving life insurance, automotive insurance, professional liability (errors and omissions), property insurance, surety bonds, civil liability policies, health insurance, and group policies. Our practice includes pre-litigation negotiation with insurers, executive processes for unjustified denials, and ordinary actions for damages.

We also advise on policy interpretation, coverage analysis, exclusion challenges, and bad-faith claims. Our experience covers both individual and commercial insurance disputes throughout Colombia.

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What our clients ask

We handle disputes involving life insurance, automotive insurance, professional liability (errors and omissions), property insurance, surety bonds, civil liability policies, health insurance, and group policies. We represent both insureds (policyholders, beneficiaries) and, when applicable, third-party victims with claims against insurers.

Under article 1080 of the Colombian Commercial Code, insurers must pay claims within one month of receiving complete documentation. If denied or unjustifiably delayed, you can file an executive process to obtain payment plus default interest at the maximum rate. We analyze the denial, evaluate exclusions invoked, and structure the strategy to obtain payment of the claim.

Under article 1081 of the Commercial Code, the ordinary statute of limitations is 2 years from the moment the interested party becomes aware of the loss event. The extraordinary statute of limitations is 5 years from the occurrence of the event, regardless of knowledge. Timely action is crucial to preserve the right.

No. Exclusions must be clearly drafted and brought to the attention of the insured at the time of contracting. Under article 1056 of the Commercial Code and Constitutional Court doctrine, abusive, ambiguous, or hidden clauses can be declared ineffective. Our team specializes in challenging unfair exclusions and obtaining favorable judicial interpretation in favor of the insured.

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