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Posted in Regulatory and legislative updates, Spain

Reinsurance, set-off rights and insolvency under Spanish law

A usual query that arises in Spain in almost any single reinsurance transaction or contract where some money is advanced or handed over between the parties is whether it is possible to set-off mutual debts within an insolvency proceedings.

Set-off is an equitable right that allows the parties to a contract to cancel or offset mutual debts to each other by asserting the amounts owed, subtracting one from the other and paying only the balance. In particular, the right of set-off is used in day-to-day business transactions between reinsurers and cedants (reinsured). Balances due to the reinsured for paid losses and earned premiums due from the reinsured to the reinsurer are netted out between the reinsured and the reinsurer through periodic accounting reports.

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