Gustavo Castañeda

Gustavo Castañeda

Associate Bogotá, Colombia

Gustavo is an Associate in Kennedy´s Colombian office. He is a Lawyer from the Faculty of Law at Universidad Nacional de Colombia. He holds postgraduate degrees in Procedural and Insurance Law at Universidad Nacional and Pontificia Universidad Javeriana, respectively. Currently, Master of Laws (LL.M) Candidate at Universitat de Girona (Spain).

Gustavo specializes in litigation and conflict resolution in Insurance Law matters, especially in financial lines, surety, life, fiscal liability and civil liability. He is experienced in providing advice to insurance companies and handling litigation before courts and administrative entities in insurance disputes.

He is member of ACOLDESE (Asociación Colombiana de Derecho de Seguros), the Colombian chapter of AIDA (‘Association Internationale de Droit des Assurances).

Market recognition

Gustavo has been involved in the following cases, which were reported in the submission form 2023 to Chambers and partners:

  • Matter 1: INDEPORTES. Value: USD 23,402,706
    The Office of the General Comptroller (CGR) opened Fiscal Liability Proceedings, inside which Nacional de Seguros was linked, since it issued a surety bond covering potential defaults by the contractor. The mentioned insurance company appointed Kennedys for its defence within the FLP.
  • Matter 2: FONTUR. Value: USD 1.478.508
    The Office of the General Comptroller (CGR) formally opened Fiscal Liability Proceedings against, amongst others, the directors of FONTUR who signed the contracts and were in charge during their executions. SBS Seguros was linked to both FLB since it issued three different policies: two BBB policies and a D&O Policy for FONTUR. Kennedys was appointed to advise the insurance company on the coverage analysis and represent the cedant within the FLP.
  • Matter 3: Municipio de El Paso. Value: USD 443.811
    The municipal mayor's office opened an Administrative Sanctionary Proceedings (ASP) against the contractor and Confianza, arguing that the said contractor breached the contract, causing damages to the municipality. Confianza has appointed Kennedys to file a lawsuit against the municipality, requesting the annulment of the resolutions and the refund of the sums paid by Confianza due to the ASP.
  • Matter 4: Camacol. Value: USD 3.000.000
    This arbitration claim refers to a housing project in northern Colombia. The plaintiff, a public bank, states that a private contractor misused the funds allocated to build homes for vulnerable population in the mentioned area of the country. Seguros Confianza issued a surety bond to cover damages arising from the contractor’s defaults and was therefore linked to proceedings. Kennedys has been instructed to act on behalf of this company within proceedings.
  • Matter 5: Aktion. Value: USD 874.736
    Walbridge de Mexico S.A. de C.V. entered into a contract with Aktion for the provision of transportation and logistics services to transport merchandise from Nogales - Arizona (USA) to Herbellello - Sonora (Mexico). On December 23, 2019, the vehicle that was prepared for transportation made a sharp turn, which caused it to overturn. Consequently, the merchandise was left lying on one of its sides, allegedly suffering its total loss.
    As a result of that event, Aktion filed a lawsuit against Chubb, requesting the payment of compensation. Kennedys represents Chubb in this legal dispute.

Work highlight

  • 008 of August 31, 2015. Award for distinguished academic performance, issued by the Universidad Nacional de Colombia
  • 19806 of December 2, 2015. Award for being one of the students who obtained the highest score on the Saber Pro Test, issued by the Ministry of National Education.
  • ceremony March 11, 2017 “Orden al Mérito Académico Javeriano” for outstanding academic performance during the Specialization in Insurance Law, issued by the Pontificia Universidad Javeriana
  • “Matrícula de Honor” for the thesis produced in the Maters of Law studies, at the Universitat de Girona