OUR PRACTICE
We provide legal advice to local insurers and international reinsurers in matters related to coverage, claims and losses various classes of property and life insurance, and in legal matters related to insurance subscription. Our greatest expertise is concentrated in the financial risks lines, D&O, third party liability, engineering, performance bonds, group life insurance, oil and gas, and agricultural insurance.
We have assisted Colombian insurance companies in reinsurance matters, mainly in the disputes related to loss coverage provided that there is no conflict of interest with the reinsurer company.
Galvis & Asociados has worked for, or in association with different international law firms such as Denton Wildesapte, Chadbourne & Parker, DLA Piper, Clausen Miller, Barlow Lye & Gilbert, Thomas Cooper, Hogan Lovells and Clyde & Co, in the definition of losses occurred in Colombia with reinsurance in London and in other countries.
Over the past fifteen years, commissioned by Adjusting Services UK, an english adjuster firm, we have participated in more than 40 insurance claims in the determination of coverage of BBB, Professional Indemnity, Infidelity, engineering, financial risks and D&O policies. The firm has wide experience representing local insurers in litigations of various kinds, directly or commissioned by international reinsurers, mainly due to the rejection of loss claims in different lines.
We provide support to important companies in their insurance hiring and broker's selection processes.
Our Firm has developed a wide experience in handling complex controversies arising out of insurance and reinsurance agreements, as well as derived from commercial; financial; securities; and real estate matters.
We litigate before the administrative, civil and constitutional jurisdiction in a varied array of cases among which are:
• Contractual Liability and Third Party Liability Actions
• Class actions and constitutional actions for the protection of collective rights commenced against insurers and financial entities.
• Constitutional actions for the protection of fundamental rights initiated by or against financial entities.
• Nullity and restoration of rights action before the Finance Superintendence, the Superintendence of Corporations and before the administrative jurisdiction.
• Action for damages.
• Antitrust actions commenced against insurers and financial entities for presumed dominant position abuse
We have led more than 400 litigation and arbitration proceedings in the history of the firm with excellent results.
Likewise we advise our clients in the resolution of their conflicts off courts, through the implementation of alternative mechanisms for dispute resolution, representing them in extrajudicial conciliations or in arbitration proceedings, alternatively supporting them in settlement's negotiation.
Galvis y Asociados has been a pioneer in the defence of banking and insurance entities in the most important and substantial constitutional actions for the protection of collective rights and class actions initiated against them (Real Estate Finance System Crisis UPAC crisis, credit cards fees, fees for financial services, insurance sales and premium collection, pension fund fees, construction regulations, visual external advertising and public space protection, etc.)
Our firm advises the main financial entities (banks, commercial financing companies, pension fund companies) and institutional investors of the Country in financial and corporate law and civil liability.
Our legal services comprehend:
• The design of agreements, financial operations and new line of products.
• Advice in capital and portfolio operations and investments.
• Acting before regulatory agencies, such as the Financial Superintendence in requirements, remedies and procedures.
• Drafting of corporate governance codes and its amendments.
• Legal assistance in matters related to risk administration programs (Gap, Operational Risk, Investment Risk etc.)
• We advise institutional investors, insurers and financial intermediaries in contractual liability, investment systems, conflict of interests, director liability, intermediary operations, contract compliance, evaluation and restructure of issuance processes and bond prepayment mechanisms.
Our firm has developed wide experience in the issuance of securities and other operations in this field, particularly in:
• Securitization processes of credits and other type of assets. (Galvis y Asociados has been pioneer in the legal design of this class of issuance and in the constitution of SPV's or funds for the attainment of structured finance.)
• Providing legal advice in the issuance of securities with fixed or variable income, either in public or private tenders.
• Providing advice in corporate matters such as incorporation of companies, bylaws amendments, designing of corporate governance structures,, shareholders agreements, business sales, liquidation of companies and restructuring companies through mergers and spin-offs.
• Structuring complex financings through bonds and other securities.
Together with Mejía y Asociados we can provide legal advice in exchange transactions; international investment regime; tax regulation for foreign investment in Colombia, and from Colombians abroad; regulation on stockbrokers, portfolio and investment funds management; investment banking; IPO's; constitution and operation of private equity funds; structuring of Codes of Conduct and definition or legal risk models for Companies in any industry.
Within our portfolio, we provide advice in:
• All matters related to construction projects (urban licenses, work supervision and construction agreements, condominium law, and permitting processes)
• Notary and Registry Law for the transfer of real estate.
• Urban Law, land use, and outdoors advertising.
• Low income housing regulation and the subsidies regime.
• Designing real estate trusts.