Vergara, Matías

Matías Vergara

Partner

mvergara@carey.cl
+56 2 2928 2208

Partner of Carey and co-head of the Insurance and Reinsurance / Customs and International Trade / Government Procurement Groups. His practice focuses mainly on the insurance and reinsurance industry, customs and international trade, government procurement, international transactions, mergers and acquisitions, regulatory matters, and commercial and corporate advisory services.

REPRESENTATIVE EXPERIENCE

  • The Warranty Group, leading provider in the market of protection plans and extended warranties, on their regulatory analysis and Chilean local structuring of the merger with Assurant, global provider of risk management and insurance solutions.
  • Scotiabank on their due diligence, representations and warranties regarding insurance matters and preparation of their formal offer to acquire BBVA, a Spanish bank, and its related local life insurance company and insurance brokerage entity, as well as the relevant indirect change of control regulatory filing before the Chilean insurance regulator.
  • Parque Arauco on the review of its insurance programs for their assets located in Chile, Peru and Colombia, suggesting amendments, coverage alternatives according to the risks assessed, working together with JLT insurance brokers.
  • An international insurance company on the loss adjustment process of fraud, cybercrime and data protection insurance policies to determine the application of concurring local and international insurance policies of the insured subject to a loss.
  • Allianz, Euler Hermes, Posche, Phoenix International and CH Robinson on several reports about intermediation, advertising and insurance sales channels in Chile.
  • Liberty Mutual on obtaining authorization to the transfer of direct control and approval of capital increase and bylaws amendments from the Chilean insurance regulator as a result of the acquisition of Penta-Security insurer.
  • Starr, MetLife, Zurich, Santander, Euler Hermes and Mapfre on reports on insurance regulation applicable to the outsourcing of services by insurers.
  • Travelers and Novae Syndicates on insurance coverage opinions, the exercise of their control clause and the successful defense and settlements of disputes arising from insurances claims involving two losses between the insured ports and underlying insurance company.
  • General Motors Financial and SubSole on structuring of warranties to finance the sale of products through surety insurance.
  • Tower A, an office building owned by Sencorp, on the loss adjustment process and negotiations with insurance companies and loss adjustors, establishing the payment of approx. USD18,4 million from ACE/Chubb. This, after a flood affected Torre A due to the overflow of Mapocho river occurred in 2016 and that kept it closed for four months. The advice included the interpretation and enforcement of insurance policies involving brokers, the insurance company, and Torre As’ lessees.
  • IGT Global Solutions, GlaxoSmithKline, Trafigura, BSH Group and Clorox on the analysis of preferential customs treatment pursuant to applicable Free Trade Agreements, including Mexico, Korea, USA, The European Union, among others, for the import of pharmaceutical products, petrol, chemicals, hazardous substances, etc.
  • Finning and Jeunesse on administrative defenses before the National Customs Services and Customs and Tax Courts regarding disputes arising from rules of origin compliance pursuant to certain Free Trade Agreements.
  • Cargill on the legal analysis of customs regulations in connection with the implementation of a tolling agreement entered into by its local subsidiary and its foreign parent company.

AWARDS AND RECOGNITIONS

  • Recognized in Insurance, Chambers Latin America.
  • Recognized in Insurance, The Legal 500.
  • Winner in the Insurance Category, Leading Lawyers, Idealis (2015).

ACTIVITIES AND MEMBERSHIPS

  • Professor of Insurance Law, Universidad Adolfo Ibáñez (since 2017).
  • Member of the Chilean section of the International Insurance Law Association, AIDA.
  • International Purchasing Group Intern, Heidelberg Cement, Germany (2009).
  • Insurance brokers claims consultant, Waterloo Brokers, South Africa (2008-2007).
  • In-house counsel, Rabobank Chile.
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Co-author of "The Insurance Agreement and Similar Agreements", Revista Chilena Derecho Seguros, 2016. AIDA Chile (2017).
  • Co-author of "Possible Transpacific Partnership Implications for Chilean International Trade", Global Trade and Customs Journal (2016).
  • Contributor to Benchmarking Public Procurement, Assessing Public Procurement Systems in 77 Economies, World Bank (2016).
  • Contributor to Benchmarking Public Procurement, Pilot Report Assessing Public Procurement Systems in 10 Economies, World Bank (2015).
  • Co-author of "Amendment to Self-Accusation Regulations in the Customs Ordinance", The Year in Review (2015).
  • Co-author of The New Insurance Agreement Act. The Year in Review, ABA/Section of International Law. Latin America and the Caribbean (2014).
  • Author of several articles of insurance law, corporate issues, energy, natural resources, labor law and other regulation matters, published in "Legal Development in Latin America" and "The Year in Review", American Bar Association.


Education

  • Law, Universidad de Chile.
  • LL.M., University of Cape Town, South Africa.
  • Degree on Non-Life and Life Insurance, Escuela de Seguros certified by the Chilean Insurance Regulator (Best student Award, 2011).
  • Degree on New Tax and Customs Regulation (Best student Award, 2012).

Admissions

  • Chile (2007).

Languages

  • Spanish.
  • English.


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