Colombia - Confidentiality of the adjuster report

Published 19 July 2017

In judgment T-726/16, the Constitutional Court reviewed the guardianship filed by the insured of an all-risk policy, alleging violation of their fundamental right to petition for the insurer's refusal to deliver the report of the adjuster analysing the incident that occurred on his property.

The sentence specified the concept of the insurance adjuster, not regulated by Colombian law, stating that it is "a natural or legal person, who may be designated by the insurer, insured or jointly by the above, but independent of them, not representing them, with sufficient technical knowledge to verify (i) the occurrence of an incident, (ii) the causes of the incident, (iii) the coverage of the risk suffered and (iv) any compensation that may arise. Its work culminates with the completion of a detailed report, which does not oblige the parties, in which it is conceptualised on the coverage of the incident.

In addition, it was reiterated that under article 1077 of the Commercial Code, the insured has the burden of proving the occurrence and amount of the loss, without the adjuster's report (unless expressly agreed otherwise by the parties). In this sense, the Court held that the report prepared by the adjuster be confidential and only be of concern of the insurer.