Practice area

Insurance Lawyers: policyholder defense in Chile

When the insurer denies a claim, offers less than what is owed or delays the settlement, the policyholder has rights. We represent individuals and companies against insurance companies so they receive the indemnity they are entitled to.

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01Policyholder defense

Your claim was denied: a denial is not always correct

A denied claim usually arrives at the worst possible time, and the insurer's response can leave you disoriented. The good news: many denials rest on questionable interpretations of the policy exclusions, on incomplete adjustment reports or on excessive formal requirements. Before accepting a "no" or a lowball offer, a professional review of the policy and the loss is worthwhile.

02Practical guide

What to do when your insurance claim is denied

01

Request the denial in writing

Ask the company for the formal denial with its reasoning and the precise grounds. That document is the basis for assessing whether the denial complies with the policy and the law.

02

Review the policy and exclusions

We analyze the general and particular conditions, deductibles and the exclusions invoked. Denials are often based on an interpretation that is open to challenge.

03

Gather and organize the evidence

Claim notice, adjustment report, communications and proof of loss. A well-built file is decisive when making a claim.

04

Challenge and complain

Depending on the case, we challenge the denial before the company, file a complaint with the CMF and/or sue for payment of the indemnity.

05

Settlement or trial

We seek the best outcome by the most efficient route: a negotiated solution when convenient, or trial when it is the only way to obtain what is owed.

03Services

Insurance disputes we handle

Denied claims

Fire, motor, theft, liability, life and health insurance. We challenge unfounded denials and demand payment.

Settlement delays

When the settlement is unjustifiably delayed, we push the procedure forward, object to the report and complain about the delay.

CMF complaints

We file the administrative complaint before the Financial Market Commission and follow it through to resolution.

Litigation against insurers

Court actions to enforce the insurance contract and collect the indemnity before the competent courts.

04Frequently asked questions

Denied and delayed claims: common questions

What should I do if the insurer denies my claim?

Request the denial in writing and review the policy and the grounds invoked, because many denials rest on questionable interpretations of the exclusions. With that analysis, the denial can be challenged before the company, reported to the CMF or pursued in court.

Can I file a complaint with the CMF about my insurance?

Yes. The Financial Market Commission receives complaints from policyholders against companies. It is a useful route, but it does not replace court action when seeking actual payment of the indemnity; both can complement each other.

What if the claim settlement is excessively delayed?

The settlement process has regulated deadlines. When the company or the adjuster unjustifiably delays, the policyholder can push the procedure forward, object to the adjustment report and demand payment, and also report the delay.

Was your claim denied or delayed?

Send us the denial and your policy and we will tell you whether your case has merit and the best strategy.

The deadline to challenge a denied claim runs from the date of denial. Acting early protects your right before it lapses.

05Other areas

Explore our other practice areas

Intellectual Property · Corporate · Litigation