Latin Counsel | Rafael Fernández

Rafael Fernández

Counsel

Pérez-Llorca

Rafael Fernández is Counsel in the Insurance and Reinsurance area of Pérez-Llorca. Prior to joining, Rafael has worked in the Insurance and Reinsurance area in two highly prestigious international firms, in the legal department of the Multilateral Investment Guarantee Agency of the World Bank in Washington DC and as Legal Vice President in the parent company of the Swiss Re Europe reinsurer in Luxembourg

Experience

Rafael has more than 12 years of experience in providing legal advice to entities in the insurance sector. In the commercial field, Rafael has participated in some of the most relevant operations in the Spanish insurance sector, including the purchase and sale of important insurance companies and cross-border portfolio transfers. Likewise, he highlights his experience in all types of transactional risk insurance, including support in W & I underwriting, contingent insurance risks and processing of this type of claims.

From a regulatory point of view, Rafael has provided advice on insurance distribution, on the start of activity under the service provision regime in Spain, as well as on the representation and assistance of insurers in inspection procedures initiated by the DGSFP. In the litigation area, Rafael has participated in various civil liability claims (D&O, professional, product liability and surety), large claims, breakdown of bancassurance alliances, resolution of coverage disputes and recovery actions. Rafael has also acted as Secretary and Deputy Secretary of insurance entities, both in Spain and Luxembourg, where he has provided secretarial and advisory services on corporate governance matters to Boards of Directors and Delegated Committees (including Audit and Management committees) of entities. National and international.

From an international point of view, Rafael has been part of the legal team of the Multilateral Investment Guarantee Agency of the World Bank (MIGA), where he participated in the underwriting of insurance against political risks and guarantees against losses caused for non-commercial risks, as well as Legal Vice President at the parent company of the Swiss Re Europe reinsurer in Luxembourg.

Insurance

2016 Master of Laws, with honors, Georgetown University Law Center.
2012 Bachelor’s Degree in Business Administration and Management, Complutense University of Madrid.
2009 Law Degree, Complutense University of Madrid.

Rafael has been a professor of Commercial and Commercial Law at the IE Law School since 2018, having also been a professor of the seminar on legal writing (Legal Writing) and General Concepts of Law for the Legal Clinic of the IE Law School.

Illustrious Bar Association of Madrid (ICAM).
Officer of the Insurance Committee of the IBA (International Bar Association).
Member of Institutional Relations and member of the Board of Directors of the Association of Young Insurance Professionals (AJPS).
National representative of Spain in the Young Lawyers Committee of the International Bar Association.
Spanish Section of the International Insurance Law Association (SEAIDA).
Member of the Insurance Working Group of the International Arbitration Center of Madrid (CIAM).

Nominated for best insurance lawyer in Spain and Portugal by Forty under 40 by Iberian Lawyers (2021; 2022).
‘Next Generation Lawyer’ by Legal 500 EMEA for the area of ‘Insurance Law’ (2018; 2019).
INESE: 40under40 of the insurance sector 2022.
IE Award for teaching excellence in the subject Commercial Law and Corporations (2019; 2022).
Nova Talent 111 (2022) – Legal Services.
Cali Excellence for Future Awards, Insurance Law; Georgetown Law (2015).

"EIOPA and the DGSFP warn about bad practices and conduct risks in the distribution of credit protection insurance"; Aranzadi Legal News (January 2023).
"Impact of Web3 on the insurance sector"; Pérez-Llorca Legal Magazine n. 8 (December 2022).
"Singular processing of personal data by insurance entities, their distributors and underwriting agencies"; Pérez-Llorca Legal Magazine n. 6 (December 2021).
"Directors and Officers’ Liability Insurance (Spain)", Thomson Reuters (July 2021).
"The regulations on the training of insurance and reinsurance distributors are completed: The DGSFP Resolution comes into force."; Pérez-Llorca information note (June 2021).
Coordinator of the work "Main regulatory and jurisprudential developments in the insurance sector 2021"; Thomson Reuters Aranzadi (May 2021).
"Involvement policy and investment strategy of insurance and reinsurance entities in the life branch in listed companies after the publication of RD 288/2021"; Pérez-Llorca legal note (May 2021).
"Notes on the new training regulations for insurance and reinsurance distributors"; Inese (April 2021).
"Insurance and Reinsurance in Spain: Overview; Practical Law Guide 2017"; Thomson Reuters (December 2017).
"The bancassurance channel in accordance with the DGSFP criteria"; Spanish Insurance Magazine n. 148 (June 2011).