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Provides a guide to best practice in the complex area of catastrophic injury litigation
“The injured person… will have a direct action against the insurance company in order to require/demand fulfilment of the obligation to compensate…The direct action is immune from exceptions which may apply to the insurer against the insured.”
“Policy coverage shall only include claims submitted within Spanish jurisdiction for events that have taken place in Spain leading to liability or other obligations imposed in accordance with legal provisions in force within the territory of Spain.”MAPFRE disputed the court’s jurisdiction and sought strike-out or reverse summary judgment. It argued that in Spanish law the nature of the direct cause of action created by Article 76 was that it made the indemnity available under the insurance policy available to Mrs Williams (ie, broadly speaking put her in the hotel’s shoes vis-à-vis MAPFRE), rather than transferring the tortious liability of the hotel to the insurance company.