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Insurance Defense law in Funchal, Portugal, involves representing insurance companies and their insureds in litigation instigated by a claim made under an insurance policy. It covers a broad range of scenarios from personal accident to property damage claims. It's a complex field, with nuances defined by intricate legislation, underpinned by both national laws and EU regulations.
Retaining a lawyer highly experienced in insurance defense can make a significant difference. Situations where you might need a lawyer include after an accident, when an injury claim exceeds the insurance policy limit, when there's a dispute between an insurer and an insured, or dealing with complex issues involving layered insurances. An Insurance Defense lawyer will also be invaluable in navigating the litigious and regulatory environment.
Portugal has a detailed legal framework for insurance, which is largely harmonized with EU legislation. Though, local nuances exist. Overarching legal principles include good faith and full disclosure, ensuring both parties share complete and accurate information. Additionally, the regime for reinsurance operations is liberal. The operation of compulsory insurances, such as auto liability, is strictly regulated, with heavy penalties for non-compliance.
An insurance defense lawyer primarily defends insurance companies and their policyholders against claims made against them. They also provide advice on legal and contractual issues related to insurance policies, and represent clients in case of disputes.
Situations can involve a range of areas such as auto accidents, products liability, construction defects, workers compensation, and professional malpractice among others.
Yes, individuals can hire an insurance defense lawyer especially when a claim made against them exceeds their insurance coverage—this could potentially result in significant out-of-pocket expenses.
Insurance defense lawyers commonly operate on an hourly basis, paid by the insurance company. However, the clients might be required to pay for certain expenses that fall outside the insurance coverage.
If you do not agree with your insurer's decisions, you should consult with an insurance defense lawyer who can guide you through the process of contesting these decisions.
The Portguese Insurers Association (APS) and the Portuguese Insurance and Pension Funds Supervisory Authority (ASF) are key bodies in the insurance field. They offer a wealth of information related to this area of law. For EU regulations, the European Insurance and Occupational Pensions Authority (EIOPA) provides valuable insights.
If you need legal assistance in Insurance Defense, it's advisable to find a lawyer who specializes in this field and is acquainted with the local laws. Contact their office for a consultation, during which you can discuss your issue and they can provide relevant advice.
