Areas of Expertise | Benalcazar Abogados

Portfolio Recovery for Insurers and Reinsurers

At Benalcázar Abogados, we count on a very skilled team of lawyers in negotiation and litigation before Ecuador's judicial units and high courts.

We recognize that the main objective of our clients is to recover values paid on behalf of third parties (performance bonds). We have also successfully recovered amounts owed for unpaid premiums by policyholders and bondholders. To this day, we have recovered judicially and extrajudicially over $15 million for major insurers in Ecuador, which is a reflection on our commitment to ensure positive results for our clients.

In addition, we have solid experience in arbitration, which enables us to efficiently resolve disputes thru an innovative understanding of the traditional judicial system. This alternative approach has allowed us to achieve prompt and reliable outcomes for our clients.

Performance bonds.
Unpaid premium receipts and invoices.
Execution of real, personal, and first-demand guarantees.

Debt Collection for National and International Companies

We have acted as legal managers and attorneys for major companies and business groups for over 30 years. Our main goal has been to lead teams in order to protect the financial interests of our clients. Dr. Gonzalo Benalcázar, has been a key figure in this process, recovering millions of dollars for our clients throughout his career.

Additionally, we handle the execution of transaction agreements, judgments, mediation minutes, and arbitration awards, reaching an effective enforcement of agreements.

Our track record in portfolio recovery has made us an extremely reliable partner for companies that seek to protect their financial interests, within a complex and changing legal environment.

Bills of exchange and promissory notes.
Loan agreements.
Public deeds.
Sales contracts with retention of title.
Ordinary and industrial commercial pledge contracts.
Commercial invoices.

Breach of Contract, Damages Compensation, and Civil Matters

At Benalcázar Abogados, we recognize that, in today's dynamic market landscape, contracts and damage repair play a crucial role in commercial relationships. Civil liability, both contractual and extra-contractual, has undergone a significant evolution in the last few decades, becoming one of the most relevant aspects in the legal and financial domains.

We understand that damages can arise not only from breaching contracts, but also from unfair practices, abuse of rights, violation of commercial agreements, among others. These incidents can lead to financial losses, reputational damage which severely affect the operation of the companies involved.

Our firm specializes in defending our client’s rights in cases of contract breach and damage compensation. We propose effective and strategic legal solutions to protect their interests. Whether it is through the negotiation of agreements, the representation in judicial processes, or the analysis of alternative conflict resolution methods, we engage on the achievement of the best results for our clients.

Filing and responding to lawsuits.
Procedural remedies.
Modes of extinguishing obligations.
Sales contracts.
Promise to sell contracts.
Mandate contracts.
Breach of contracts.
Contractual nullities.
Tort law.
Precautionary measures.
Execution of judgments, arbitration awards, and mediation minutes.
Pre-contractual liability.
Contractual liability.
Extra-contractual liability.
Emergent damage.
Loss of profit.
Moral damages.

Specialized Services for Insurers and Reinsurers

At Benalcázar Abogados, we understand the complexities of the insurance and reinsurance sector. Our specialized services are designed to meet the unique needs of insurers and reinsurers, including:

Claims Management: We offer expert advice and legal representation to efficiently manage claims, in order to ensure that the interests of insurers and reinsurers are protected at all times.

Insurance Arbitration: Our team has an extensive experience in arbitration and resolution of insurance disputes. We have acted efficiently and effectively within the traditional judicial system, saving our clients time and large amounts of resources.

Compliance Advisory: We provide comprehensive advice on regulatory compliance, guaranteeing that insurers and reinsurers comply with all applicable regulations and laws, in order to minimize legal risks.

Claims Management.
Insurance Arbitration.
Compliance Advisory.

Experience and Cases

At Benalcázar Abogados, we have recovered millions of dollars for banks, insurers and business groups by the enforcement of real and personal guarantees, as well as first-demand guarantees and executive titles such as policy subrogations. Our experience in asset recovery matters and conflict resolution has made of us a reliable partner for many institutions, which demonstrate our commitment to ensure positive outcomes for our clients, legally and financially.