ROGERS & CO. ABOGADOS has successfully opposed the appeal filed by the taxi drivers and other local interests before the Appeal Court of Coruña against the judgment of the 1st Instance Court of Ferrol of the 18th January 2013 (see our newsletter of the 18th January 2013) upholding the application of English Law to the marine insurance policy issued by a Spanish underwriter and as a result, rejecting any right of direct action against marine underwriters and any claim to “penalty” interest pursuant to the Law of Insurance Contracts 50/1980 Article 20.
That said, with the introduction of the Law of Maritime Navigation 14/2014 in September this year, changes have been introduced to try to guarantee a third party’s right of direct action against marine underwriters, however it has yet to be seen what the Spanish Courts will do when faced with a marine insurance policy governed by English law and not Spanish law.
A copy of the Appeal Court of Coruña Judgment (in Spanish) can be requested at rogers@rogersco.es