Lawyer Monthly - June 2023

the damage the corresponding excess compensation, simultaneously with its insurer. It is not uncommon to have problems in these situations, especially when the insured receives amounts and gives discharge to the third party without properly safeguarding the rights of its insurer. For this reason, the second paragraph of Article 768 provides that any act of the insured that diminishes or extinguishes the rights of the insurer shall be ineffective. How is the process affected if the insured party refuses to cooperate? It is an essential obligation of the insured to collaborate with its insurer for the analysis of the cause and to the extent of the damages, as well as for the identification of its cause and its causative agent. The refusal to cooperate in this regard is grounds for refusal to pay compensation. Much has been discussed about the extent How does subrogation apply to joint and coinsureds? It is very common for engineering risk policies and great risks policies in general to contain a large number of co-insureds and even co-beneficiaries. The fact that they to which the insured can protect or hide certain information by claiming confidentiality agreements. There is, however, an understanding that confidentiality cannot go beyond information about certain industrial processes, never extending to something that gives rise to compensable damages. THOUGHT LEADER 77 It is very common for engineering risk policies and great risks policies in general to contain a large number of co-insureds and even co-beneficiaries.

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