A judgment of the Civil Chamber of the Supreme Court (dated February 24, 2021, number 101/2021) has been known, in the matter of traffic accidents, which establishes doctrine on the limit of coverage of the insurance of legal defense of the insurers .
As disclosed Confilegal, the limit of 600 euros as insurance coverage can be harmful for low, and can curtail the rights of the insured since with that amount it would be prevented from exercising the right to free choice of lawyer and / or attorney. It is considered that it “does not bear any proportion to the costs of legal defense”, as can be read in the legal text.
This ruling, it is noted, is the first in Spain on this issue and has been induced by the Toro Pujol Abogados law firm and its Civil Liability and Insurance Area, directed by Roberto Toro. This lawyer considers that, with this ruling, important changes will be generated “in the policies of the insurance companies in Automobile insurance, where they always include legal defense, there is talk of 70% and 80% where this limit could be null. This can open the door to various claims, past and future, on behalf of the client for legal expenses in its entirety. In this context, this ruling may be talking of hundreds of millions of euros at the national level ”.
In his opinion, in addition, the sentence opens a door for the costs of the lawyer, expert witness and attorney to be paid in full, although “there is still one element to be clarified. ANDThe Supreme Court does not tell us, because it has not yet received other cases, up to what amount it considers to be a ridiculous limit. There are many policies of 600 euros, but it remains to be known where the limit is to understand what is abusive, if, for example, 1,500, 3,000 or 6,000 euros ”.
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