Alicia Fole
Alicia.Fole@kennedyslaw.com
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Profile
Alicia, Senior Associate in the Kennedys’ office in Madrid, is ranked as a “Rising Star” in the 2021 and 2022 and 2023 editions of the Legal 500 EMEA, and Leading Associate in the 2024 edition as well as a 40 under 40 by INESE and the Spanish Young Professionals in Insurance Association (AJPS) in 2021 and 2022. She qualified in Spain in 2009 and in England and Wales in 2011; she is fluent in English and has worked in the insurance field since becoming a lawyer.
An expert in Civil Liability, Alicia specialises in casualty, PI (in particular, medical malpractice, architects, lawyers and court clerks, and engineers) and product liability. Skilled in the art of negotiation and practised in court appearances, she handles both contentious and non-contentious matters for local and international insurers. She is experienced in acting as TPA for London Market insurers, international insurance companies and MGAs that underwrite policies in Spain, managing the bordereaux and handling the claims from their receipt to their final resolution including the assessment on coverage and the insured’s and/or the insurer’s defence.
Since joining Kennedys, Alicia has handled the revision, interpretation and adaptation of insurance policies to Spanish law. Being a dual qualified lawyer allows her a wider global vision of the policies, as she is aware of the intricacies of the law both in Spain and in England and Wales.
As part of her activity, Alicia is a regular speaker at local and international seminars to discuss insurance trends and to explain the Spanish legal system to foreign underwriters and claims managers, as well as helping to promote and develop diversity and inclusion in the insurance market. Also, she is the General Secretary of the Spanish Young Insurance Professionals Association promoting the insurance market among the youth and developing different activities with social impact.
Alicia Fole handles matters for insurers concerning medical malpractice, cyber risks and professional indemnity. Her ability to understand technical or construction issues is extraordinary, she also has a quick and accurate approach.
Qualifications and admissions
- Qualified in Spain in 2009
- Qualified in England and Wales in 2011
Market recognition
Rising Star for 'Insurance (Spain)' | The Legal 500 EMEA 2023
Recommended Lawyer for 'Insurance (Spain)' | The Legal 500 EMEA 2023
Rising Star for 'Insurance (Spain)' | The Legal 500 EMEA 2021
"'Rising Star' Alicia Fole is a name to note at the senior associate level."
Rising Star for 'Insurance (Spain)' | The Legal 500 EMEA 2021
Awards
Work highlights
- Defended insurer’s rights in a claim against insureds involving patients with full or partial blindness after eye surgery. The patients sued the insured clinics for damages. The product was later recalled.
- Defended insurer’s rights in €3 million claim filed by a homeowners’ association for construction defects in a large complex of residential buildings. After negotiations, a settlement was reached for €18,000.
- Kennedys is instructed to advice on coverage of a loss notified by an international insured following the claim filed by an insured’s former employee who suffered an illness in 2004 being aggravated in 2011 and considered an occupational illness in 2014. The insured’s employee claimed in 2021 issuing Labour proceedings in 2022. The complexity of this matter resides in the succession of policies of different insurers and the determination of the triggering date of the policy to set which policy applies. Also, the client’s policy forms part of an international programme and has been brought as defendant into the proceedings issued by the said former employee.
- An international insurer detected a possible fraud committed by some insureds and retained us to handle the fraud and report it. Kennedys reviewed thousands of invoices submitted during more than 3 years to file the criminal complaint. Once reported, the insured confessed and we are in conversations with the insured to see when we can recover the money.
- Assessment of coverage following the concert cancellation of an international artist and once determined the lack of cover, we were instructed to defend the case out of Court and judicially if the artist finally filed a judicial claim.
Construction and engineering
Healthcare
Information technology
Insurance and reinsurance
Life sciences
Travel and tourism