Home Insurance - Spain
HOME & HOUSE INSURANCE IN SPAIN - IN ENGLISH.
HOME, HOUSE, BUILDINGS, CONTENTS & ALL RISK INSURANCE FOR YOUR PROPERTY IN SPAIN
Home, house, flat or Holiday home Insurance in Spain.
Your home, holiday home or rental property will be one of your most valuable assets in Spain. As such, it is advisable to ensure that it is properly insured and protected. In many cases, particularly when you have a loan or a mortgage from a local bank in Spain, they may insist that you take out an Insurance policy provided by the bank. Be warned - these mortgage insurance policies are for protecting the banks assets, which in the case of a loan or mortgage in Spain, is your property and may not provide the correct cover for you and will be more expensive than most of the market equivalent policies for house insurance in Spain.
Home Insurance provided by Spanish Banks.
It is extremely important that you READ the policy details on any bank's insurance policy as they are likely to have very little cover, especially for your contents, fire, theft, gardens, burst pipes etc, as it will primarily cover the buildings as these are the insured assets the bank wants to protect. These insurance policies tend to be expensive as they can make it a condition of the loan or mortgage.
If this is the case, check the policy and take out one that will cover what you need. Open market policies tend to be considerably cheaper than the bank policies and have a lot more cover. You will need to give the bank at least two months notice of cancellation of their insurance policy otherwise they will automatically renew it and take the funds from your account.
Banks are committing you to the first year house, buildings and contents insurance cover on your property inSpain as part of any loan and/or mortgage on the property and will try and make it a condition of supplying the mortgage. In some cases, Bankinter for example, will try and charge you an additional 0.5 % on your mortgage rate if you try to cancel it or advise that you do not want it. They will also require a minmum of two or more deposits each month, such as your salary or pensions, and again will try and charge an additional 0.5% over the agreed libor rate if you do not comply. This is totally illegal, so always read your mortgage conditions thouroughly or you could be paying up to 3 times the normal for your house, home and buildings insurance that may not cover the values within your property.
www.insuranceinspain.com work with one of the best and biggest insurance companies in Spain, Liberty Seguros. As an Exclusive Agent we can provide you with Quality Home Insurance with options and add-ons that will compliment any specific cover you need. Below we have detailed the Home Insurance in Spain product.
Compare the cover listed below with your existing policy, you may be quite surprised at what is available.
Fire, explosion, lightning, water damage, damage caused by acts of vandalism or of ill intent.
Floods, rain, hail, snow, broken windows, broken sanitary ware.
Theft with violence and mugging inside the home.
Miscellaneous expenses for salvage.
Broad cover for public liability as the owner/tenant and head of the family, including public liability for fishing up to 300,500€.
Repair assistance service, 24 hours a day, all year and a DIY service.
Family legal defense.
Legal defence for internet commerce.
Extension of cover for theft with violence, mugging and larceny.
Breakage extension: perspex furniture, glass and ceramic hobs and glass in electrical appliances.
Aesthetic restoration of the building/contents.
Extension of cover for theft with violence, mugging and larceny.
Breakage extension: perspex furniture, glass-ceramic hobs, glass in electrical appliances & glass in solar panels.
Aesthetic restoration of the building/contents.
Excess water consumption.
Complete building collapse.
Accidental spills of liquid other than water
For those of you that like reading house insurance terms and conditions in Spain and that might want to make comparisons between house and home insurance policies, these are the general conditions that pertain to the Liberty Home Policy and have been supplied by them for your information only.
This translation is only intended as a rough guide and www.insuranceinspain.com cannot accept any liability for omissions, inaccuracies or variations arising from the translation. The contract between the Insurer and the Insured is on the basis of the Spanish text, which prevails in case of any differences. The English translation does not form any part of the insurance contract.
The insurance company is Liberty Seguros, Compañía de Seguros y Reaseguros, S.A., which signs the policy alongside the insurance policyholder and is bound, through its collection of the relevant premium, to pay the benefit corresponding to each cover included in the policy schedule in accordance with the terms set out therein.
The individual or legal entity that signs this contract, together with the insurer, and to whom the obligations deriving from it correspond, unless they must be met by the insured due to their nature.
The individual or legal entity who owns the insured interest and who, in the absence of the policyholder, assumes the obligations and rights stemming from the contract, unless these must be met by the insurance policyholder due to their nature.
The following individuals, provided they live with him/her, will also be deemed insured persons:
- – His/her spouse or the person designated as such.
- – The dependent children of the couple. Any minors, disabled persons or invalids who are in the couple’s care or custody shall also be considered as insured.
- – The dependent senior relatives of the couple. To be considered as such, the relatives in question must meet the deduction requirements set out for personal income tax.
Hereinafter, the term ‘insured’ shall be understood to refer to all of the individuals included in this section.
The document containing the regulatory conditions of the insurance contract. The following form an integral part of the policy: The general conditions, the policy schedule, the special conditions and the supplements or appendixes that are issued with the policy to complement or modify it, as well as the proposal form/questionnaire which serves as the basis to issue the insurance.
The cost of the insurance. The receipt shall also include the legally applicable surcharges, taxes and fees.
The sum set out for each of the policy’s covers, which constitutes the maximum limit on indemnity to be paid by the insurer in the event of a claim.
Any event with consequences producing damage that is totally or partially insured by the cover included in this policy. All damage deriving from a single cause or event shall be deemed a single incident.
The destruction, deterioration or disappearance of the insured property in the place described in this policy.
The amount, percentage or any other amount set out in this policy to be deducted from the indemnity amount and paid by the insured for each claim.
The habitual place of residence of the insured.
A location which is not the habitual place of residence of the insured and which is occasionally used by him/her and by the individuals that live with him/her; for example, at the weekends, during the holidays and for other similar periods.
Each of the different compartments in a building constituting a family home independent from the others in the same building.
A building that is separate and independent from other homes used as a single-family home, including, where applicable, additional structures that complement or service such home, whether or not adjoined to the structure, such as gardens, garages, greenhouses, sheds and other similar structures as well as fences.
An individual home joined to others at the side or the back with independent access.
Home in an isolated area:
A building of any type located more than 1 km from the nearest town centre or urban settlement boundary. The distance will be measured by the useful route taken by road traffic.
Town centres include the developed sector or sectors of towns where at least two thirds of the surface area has been built on and that have paved, edged roadways, a water supply and evacuation system, telephone services and electricity.
Group of buildings forming part of a housing development with at least 50 buildings and/or at least 500 inhabitants.
Temporary period in which the insured does not stay in the insured home overnight.
First loss insurance:
The insurance method which covers a specific insured sum up to which the risk is covered, regardless of the full value thereof, the condition of average not being applicable.
Replacement value as new insurance:
The insurance method which covers the insured property at its replacement value as new, without any reduction in its worth for age, use or obsolescence, subject to the limits set out in article 21 of these general conditions.
The value obtained upon deducting the costs for damage or depreciation due to condition, use or age from the value as new.
Safes are considered to weigh less than 100 kg, as long as they are attached or built into fixed elements in the building, or those which weigh more than 100kg, which are not attached or built into fixed elements. The closing element must have a lock and combination, or a double-lock or double combination, and must be made of materials which are resistant to penetration and fire.
Objects made of terracotta, porcelain, synthetic resins installed in bathrooms, toilets and/or kitchens, secured to the floor and/or walls, such as washstands, pedestals, bidets, baths, shower cubicles, toilets and sinks, which form part of the insured home.
Combustion and burning due to a flame able to spread from one object to another, which were not intended for burning at the place and time it occurs.
The gaseous substance produced from combustion.
Explosion or implosion:
The sudden and violent pressurisation or depressurisation of gas, steam or dust.
Expenses incurred by using means to lessen the consequences of the claim.
Violent discharge produced by a disturbance in the atmosphere’s electric field.
Theft with violence:
The removal or illegitimate procurement of the property designated in the policy, against the will of the insured, carried out inside the insured home or adjoining buildings, through the use of acts including force towards objects by housebreaking or using false keys, picklocks or other instruments not ordinarily used to open doors or windows.
The removal or unlawful procurement of property indicated in the policy, against the will of the insured, through acts of intimidation or violence towards the individuals caring for or guarding the property.
The removal or procurement of property indicated in the policy, against the will of the insured, without the use of force for objects, nor violence or intimidation towards people.
The following are considered valuable objects:
a. Jewels and Jewellery:
– Gold, silver and platinum objects, with or without pearls or set precious stones. As well as costume jewellery with an individual value exceeding 2,000€.
– Gold, silver or platinum wristwatches and all types of clocks with an individual value exceeding 2,000€
– Gold and silver coins.
– Pearls and precious or semi-precious stones.
– Precious metal ingots.
b. Objects of special value:
- – Paintings, silverware, sculptures, artworks, antiques, arms and ivory objects.
- – Oriental rugs and tapestries.
- – Fine furs.
- – Stamp or coin collections.
- – Collector’s books, incunabula or manuscripts.
Money in cash:
Cash, currencies, identified cheques, state-issued papers, stamps, prepaid telephone calling cards, lottery tickets and any other item that represents a monetary guarantee.
Credit or debit card:
Any card issued in the name of the insured and/or any family members that live with him/her by a financial or credit entity based on a contract signed by both parties.
Land where plants/trees are cultivated for ornamental purposes, grown by human beings and not created naturally. Woodland, even if it is part of the insured property, will not be considered a garden for the purposes of the policy.
The object of this policy is the payment, by the insurer to the insured, of the indemnity set out in the contract if, during the valid term of the insurance, the insured a claim included under any policy cover, provided that it is set out in the schedule of the policy that the aforementioned cover has been contracted by the insured and is subject to the terms set out in this contract, particularly with regard to the stipulated exclusions.
Provided that there is a sum insured in the schedule, the following are considered insured property for the purposes of this insurance:
Building is understood as follows:
– All foundations, load-bearing walls, floors, walls, partition walls, ceilings or roofs, doors, windows, built-in wardrobes, and any glass panes installed in them, awnings and shutters.
– Adjoining buildings, such as private garages, parking spaces or storage rooms, even when located outside of the space delimited for the home, constituting an integral part of the building where the home is located or situated in the same plot or on the same terrain as the home, and with construction features similar to those of the main building.
– Fixed installations such as water, heating, sanitary, air conditioning, electricity and gas installations, including the connection of these installations to general distribution networks, provided that they are located on the property where the home is located, and solar energy, wind energy and telephone installations.
– Elements required to operate the heating, refrigeration, air conditioning and sanitary installations such as boilers, accumulators, radiators and refrigeration and cooling devices, provided that they have been fixed to and are permanently installed in the building.
– Services such as stairs, lifts and radio and television receiving antennas.
– Fixed decorative or ornamental items attached to the floors, ceilings and/or walls such as paint, wallpaper, fabric, carpet or parquet, etc., that form a part of the home and belong to the insured shall be deemed an integral part of the building at all times.
– Any fences and walls retaining earth independent from the building, as well as sports areas, swimming pools and the fixed installations thereof, should they exist, are included.
– If the insured is a co-owner, the insurance cover also includes the coefficient that may affect the undivided property in the horizontal partition scheme.
– The private garage or car parking spaces belonging to the insured, which are located in places other than the insured home or building may be included in the building category, provided that it has been expressly recorded in the policy and that they are located in the same municipality.
BUILDING REFURBISHMENT WORK
If the insured is the tenant and/or usufructuary, the building cover shall include, up to the insured sum stipulated in the schedule, fixed decorative or ornamental elements attached to the floors, ceilings and/or walls such as paint, wallpaper, fabric, carpet or parquet, etc., as well as the fixed installations for exclusive use that form part of the home and were installed at the expense of the insured tenant with the consent of the owner of the building/home.
The property located inside the building shall be deemed the contents, provided that it belongs to the insured. Goods belonging to third parties shall also be included up to a maximum of 1,500€ per claim.
Contents are deemed to be:
Furniture and fittings, being understood as kitchen furniture and furniture in general, as well as household and personal items of the insured home that are not described as valuable objects, including the following:
- – Electrical appliances, electrical and electronic equipment.
- – Audiovisual devices, personal computers, cameras.
- – Portable radio and/or television antennas.
- – Glass, except for that included under building cover.
- – Decorative objects and elements, lamps.
- – Linen, crockery, cutlery, glassware, items for personal use, supplies, household provisions and food.
- - Property used to carry out professional activities shall be insured up to a maximum of 20% of the insured sum for furniture and fittings, not including software programs.
THE FOLLOWING SHALL NOT BE CONSIDERED CONTENTS:
1. Valuable objects, jewels, jewellery and objects of special value, unless special conditions are taken out.
2. Money in cash, unless special conditions are taken out.
3. Live animals of any kind.
4. Motor vehicles, trailers and boats and their accessories, unless special conditions are taken out.
5. Objects and merchandise that form part of samples or catalogues and which are intended for sale.
MATERIAL DAMAGE OR LOSS TO THE BUILDING AND/OR CONTENTS
Within the limits and conditions stipulated in the policy, the direct material loss and/or damage that the insured building and/or contents sustain are covered due to:
Direct material damage caused to the insured home by material losses arising as an inevitable consequence of fire when it was started by chance, unknown individuals or negligence on the part of the insured or of the individuals for whom he/she is publicly liable.
Direct material damage sustained by the insured home due to an explosion is insured, even when no fire ensues, whether it originates inside the insured home or in its vicinity. Likewise, the internal explosion of boilers, water heaters, fixed installations and piping is included.
Direct material damage caused to the insured home by the direct action of lightning is covered, even when no fire ensues.
The indemnity limit for this cover shall be 100% of the insured sum for the building and/ or contents.
THE FOLLOWING IS NOT COVERED:
1. Accidents caused by smoking or household accidents, or when objects fall into a lit fireplace alone, unless this leads to a fire.
2. Any damage caused by the simple action of heat, by direct or indirect contact with devices for heating, air conditioning and lighting or with chimneys and hearths, unless these risks occur due to an actual fire.
3. Explosion of devices, installations or substances different to those that are known and habitually used in household tasks.
4. Damage produced by surges or inductions due to lightning.
A.2 Water Damage
1. Leaks and overflows
Direct material damage caused by escapes, leaks, overflows, the bursting of pipes and accidental and unforeseen water spills stemming from insured devices and installations, including broken aquariums or other fixed ornamental or decorative installations containing water.
2. Location and repair of malfunctions
When the contents are insured, costs incurred to locate the malfunction causing the claim insured by this cover, as well as the repair and/or replacement of the broken piece, are covered, provided that the installations in question are fixed pipes for the exclusive use of the home.
In case of corrosion or widespread deterioration of the plumbing and pipes in the home, the insurer’s obligation is limited to indemnifying the repair of the section of the pipes or plumbing causing the damage to the home. Any subsequent claims arising from the same cause are entirely excluded.
3. Water damage coming from other homes
Direct material damage, including leaks caused by adjoining homes or homes located above the insured home belonging to third parties, is covered.
4. Oversights and failures
Direct material damage caused by water as a result of oversights or failures to turn off taps, stopcocks and similar devices is covered.
5. Failures in fire extinguishing installations
Material damage caused by spills, lack of water tightness, leaks, rupture, fall, failure or accidental run-off of water or any other substance used as an extinguishing element is covered.
The indemnity limit for this cover shall be 100% of the insured sum for the building and/ or contents.
THE FOLLOWING IS NOT COVERED:
a. Damage caused by gross negligence in the repair, upkeep or maintenance of the home and installations that is wholly or partially attributed to the policy holder or insured, with the exception of the provisions of section 2, location and repair of malfunctions.
b. The location and repair of the malfunction when, having been warned of the corrosion or widespread deterioration of the plumbing due to a previous claim, the insured has not carried out the repair work required to maintain these installations in good condition.
c. Unblocking costs.d. The cost of repairing or adjusting taps, stopcocks, sanitary elements or devices and their accessories, boilers, water heaters, accumulators, radiators, air conditioning and household appliances, as well as the replacement of parts corresponding to the upkeep of installations.
e. The cost of repairing facades or roofs, even when damage has been caused by water and leaks covered by the insurance policy.
f. The necessary expenses incurred to correct design and construction defects in the building.
g. Damage sustained by the fire extinguishing system itself or its installations, as well as that caused by the use of the system for purposes other than those for which it was designed or the loss of the spilt liquid or substance.
h. The cost of repairing aquariums.
i. Costs incurred to repair and locate septic tanks, sewers and drains.
j. Damage, location and repair expenses due to damp or condensation.
k. Damage or damp stains caused by meteorological phenomena, except when caused by leaks in concealed rainwater downpipes.
l. Location and repair expenses for leaks or malfunctions that do not cause damage subject to indemnity under this policy, according to the cover regulated under points 1, 3, 4 and 5 of this water damage cover.
A.3 Extension of Cover
1. Risks due to forces of nature
Material damage directly caused by the action of rain, hail, snow and wind is covered, provided that the claims caused by these risks may not be considered as extraordinary damage in accordance with current legislation and they occur abnormally.
The abnormal nature of these atmospheric phenomena shall primarily be verified by the reports issued by the relevant official bodies or, in their absence, via the proof provided by the insured. For such purposes, proof of these events will be that other buildings near the insured home with solid construction features have been affected by the same atmospheric phenomena. If there is any disagreement, the provisions of article 20 of these general conditions shall apply.
Material damage directly caused to the insured property is covered when it is due to the direct action of water moving over the ground surface as a result of:
– The flooding or accidental diversion of the course of lakes without natural outlets, reservoirs, streams, canals, irrigation ditches, marshes or other man-made surface channels.
– The flooding of drains, collectors and other similar piping.
In addition, costs incurred to clear and remove mud as a result of a claim included in this cover are insured.
The indemnity limit for this cover shall be 100% of the insured sum for the building and/ or contents.
THE FOLLOWING IS NOT COVERED BY A.3.1. OR A.3.2.:
a. Damage caused by rain, snow, sand or dust that enters through doors, windows or other openings that may not have been closed or that may have had a faulty latch.
b. Any damage caused as a result of building or repair work carried out on the insured home.
c. Any damage resulting from tides or seawater, even when these phenomena have been caused by the wind.
d. Any damage directly caused by river water, even when its current is broken as it bursts its normal banks due to the movement of the tides and seawater, as well as when it is caused by burst dams or breakwaters.
e. Any damage in the form of leaks, rust or damp spots that appear gradually.
f. Any damage due to faults in repairing, conserving or maintaining the building and/ or the installations thereof.
g. The costs for repairing, replacing or unblocking drains or similar piping, as well as the damage sustained by the distribution piping itself or downpipes, plumbing or tank.
h. Any damage caused to plants, trees, other garden elements and, in general, any property left outdoors, even when protected by flexible materials, canvases or tarpaulins, or when found inside open structures.
i. Damage caused to panels, solar energy installations and billboards of any kind.
3. Vandalism and acts of ill intent
Direct material damage sustained by the insured property as a result of vandalism or acts of ill intent is covered:
- – Committed individually or collectively by individuals other than the policyholder, the insured, their family members, employees or the people living with them.
- – Deriving from riotous actions that occur during meetings and demonstrations carried out in accordance with current legislation, as well as during the course of legal strikes, except when the aforementioned actions can be classified as rebellions or civil unrest.
THE FOLLOWING IS NOT COVERED:
a. Actions in the form of riots, civil unrest, internal disturbances, sabotage or terrorism.
b. Any damage and expenses caused by graffiti, carvings, the gluing of posters and similar occurrences.
c. Losses of insured objects resulting from larceny or theft with violence.
d. Damage caused by the tenants or occupants, whether legal or illegal, in the home.
e. Broken windows.
f. Damage to property or objects in terraces, porches, gardens, parking spaces, in the open air or outside the home in general.
g. The costs of repairing, replacing or unblocking drains or similar piping, as well as the damage sustained by the distribution piping itself, or downpipes, plumbing or tanks.
h. Any damage caused by plants, trees, other garden elements and, in general, any property left outdoors, even when protected by flexible materials, canvasses or tarpaulins, or when found inside open structures.
i. Damage caused to panels, solar energy installations and billboards of any kind.
4. Smoke and Soot
The material damage directly sustained by the insured home due to the direct action of smoke or soot is covered provided that it is an accident, both when the cause of the claim originated in the insured home or in its near vicinity.
The indemnity limit for this cover shall be 100% of the insured sum for the building and/or contents.
THE FOLLOWING IS NOT COVERED:
Damage caused by the continuous action of smoke or soot and when the cause of the damage is not accidental or abnormal.
5. Collisions, crashes, falling aircraft and the action of sonic booms:
Material damage caused by the following is covered:
– The collision or impact against the insured property of land vehicles, and/or animals, as well as the goods transported by them.
– Falling aircraft, spaceships, satellites or parts or objects that become detached from them, trees, flagpoles and radio and television antennas.
– Sonic booms caused by aircraft, spaceships and/or satellites that cross the sound barrier.
THE FOLLOWING IS NOT COVERED:
The damage caused when the vehicles, vessels, animals or aircraft are owned, driven or flown, or in the power or under the control of the policyholder, the insured, their employees or persons who live with them.
A.4. Broken glass, mirrors, marble, granite and sanitary ware/elements
Damage caused by accidental breakage, and the transport and installation costs are covered in the following cases:
1. If the building is insured
- – All kinds of windows, mirrors, glass and crystal permanently fixed to the building.
- – Any sanitary ware and elements found in the building/home.
- – The marble, granite or other natural or artificial stone surfaces fitted in kitchens and bathrooms.
2. If the contents are insured
- – All kinds of windows, mirrors, glass or crystal that form a permanent part of the contents or of any of its elements.
- – The marble, granite or other natural or artificial stones that form part of the furniture or tables.
- – If the insured is the tenant, the glass in the doors and windows pertaining exclusively to the home.
THE FOLLOWING IS NOT COVERED:
1. Damage caused by moving, painting, decorating, or preservation and renovation work in the insured home. Notwithstanding the above, this damage shall be covered whenever the work is performed by a third party. Proof of this circumstance must be provided by submitting the corresponding invoice, which must include the information of the person who performed the work.
2. Damage resulting from the faulty installment of the insured parts and the corresponding supports.
3. Scratches, chips, scrapes and, in general, any superficial or aesthetic flaw.
4. The breakage of lamps, light bulbs, glassware, paintings, hand objects, glass and decorative items, glasses, monocles, binoculars, portable devices, household appliances, glass-ceramic stove tops, audiovisual equipment, personal computers, solar panels, crystal or marble of artistic value, as well as glass that does not form a permanent part of the furniture or property.
5. Glass that forms a part of greenhouses or similar structures.
6. Marble, granite or other natural or artificial stone slabs placed on floors, walls or roofs, both inside and outside the home.
7. Cracks or crevices due to normal wear, age or use.
A.5. Theft with violence and mugging
The material losses sustained by the insured due to the disappearance, destruction or deterioration of the insured property, as well as any damage or imperfections caused to the building in case of theft with violence, attempted theft with violence and mugging within the home are covered.
The following indemnity limits shall apply:
1. Damage to the building
Up to 100% of the insured sum for the building is covered.
If the building is not insured, any damage sustained by the building shall be covered up to a limit of 10% of the insured sum for contents, with a maximum of 1,800€ per claim.
Up to 100% of the insured sum for the contents is covered.
3. Keys and locks
Provided that the contents are insured, the replacement of keys and locks with others of similar characteristics on exterior doors, safes and alarms of the insured home is covered due to theft with violence, larceny, mugging or loss inside or outside the home.
Insured sum: 600 Euros per claim and per year on a first loss basis.
THE FOLLOWING IS NOT COVERED:
a. Claims filed by the insured, by his/her family members, his/her employees and/or individuals who live in the insured home.
b. Claims as a result of theft with violence and/or damage caused by attempted theft with violence in the case of vacancy longer than that declared in the schedule.
c. Thefts with violence or muggings committed when the insured goods or home are not protected by the security measures declared in the policy or when they are not operational.
d. Simple misplacements, losses, disappearances, larceny, except when this concerns cover for keys and locks.
e. Thefts with violence or muggings committed when the property is in a risk situation other than that indicated in the policy.
f. Property and objects left in gardens, outdoors or in open-air structures such as porches, terraces or patios, except for individual television and radio antennas.
g. Thefts with violence and muggings of valuable objects, money and jewellery.
h. Larceny except keys and locks.
i. Mugging outside the home
A.6 MISCELLANEOUS EXPENSES
All duly justified expenses and/or losses necessarily incurred by the insured due to a claim covered by this policy are covered for the reasons and up to the limits stated below:
1. Fire department assistance
The municipal fee for the intervention of the Fire Department due to a claim covered by this policy is covered.
2. Salvage, Extinguishing, demolition and debris removal
Any costs incurred from the application of the necessary measures taken by the relevant authority or the insured to stop, extinguish or prevent a fire from spreading. The transport of the insured property to salvage it from fire and the potential damage it may suffer during the salvage are included.
In addition, any necessary costs incurred to demolish a building or remove debris as a result of a claim covered by this policy are insured.
The indemnity limit for covers 1 and 2 shall be 100% of the insured sum for the building and/or contents.
3. Document replacement
Any expenses incurred from the replacement of personal documents concerning the ownership of the insured home and its habitability that are of a public nature are covered, excluding those documents regarding professional or commercial activities. The aforementioned expenses must be duly justified by issuing the relevant copies.
The indemnity limit for this cover shall be 10% of the insured sum for contents.
4. Uninhabitability of the home
if the building is insured
Costs incurred due to forced eviction from the home as a result of a claim covered by the policy, in order to rent other premises with similar characteristics are covered while the insured home is being repaired up to a limit of 12 months.
If the contents are insured
The cost of renting furniture with similar characteristics for the insured is covered for as long as the work to repair the damage caused by the claim lasts, up to a limit of 12 months.
This includes the transportation expenses for moving the entire insured contents to the new rented home. In the new location, the contents shall be insured under the same conditions.
THE FOLLOWING IS NOT COVERED:
Uninhabitability that lasts less than 48 hours.
5. Loss of rent
When the insured is acting as a landlord, the insurer shall reimburse 100% of the rent that the insured does not receive from the tenant while work to repair the insured home affected by a claim covered by the policy is being carried out.
Up to 100% of the insured sum for the building with a maximum of 12 monthly rent payments is covered.
6. Temporary removal of contents
Within the limits and conditions stipulated in the policy, it covers the material damage
and losses caused to clothing, personal belongings and furnishings belonging to the policy, as a result of fire, explosion, lightning, water
damage, theft with violence or mugging, provided that such items would have been
indemnified if the claim had occurred inside the insured home.
For this cover to come into force, at the time of the accident the property must be provisionally located in private homes, seasonally rented residences or rooms in a hotel or guesthouse where the insured is staying. They must all have security features and conditions similar to the insured home.
In addition, the aforementioned cover is extended to include the temporary transport of the contents to the holiday location, carried out by normal means of public transport, except for motorcycles, with regard to claims caused by fire, explosion, lightning, water, theft with violence or mugging, as well as accidents involving the means of transport.
This cover is applicable throughout Spain, the other countries in the European Union and Switzerland, provided that the insured’s primary residence is in Spain.
The indemnity limit for this cover shall be 15% of the insured sum for the building and/or contents, with a maximum of 3,000 euros per claim.
THE FOLLOWING IS NOT COVERED:
1. Simple misplacements or losses.
2. Goods put up for sale or exhibition, or located in furniture storage rooms.
4. All other limitations and exclusions set out in the covers of this policy shall apply, as this cover is an extension of the insurance to places other than the one stipulated in the schedule of this policy.
5. The cover for jewels, objects of special value and money in cash inside the mode of transport used by the insured.
6. Claims relating to secondary homes.
A.7. Electrical damage
The value of the repair of damage and/or replacement of electrical installations, if the building is insured, as well as household appliances or other electrical and electronic devices and the accessories thereof are covered when the contents are insured for the following:
– Surges or inductions caused by lightning.
– Abnormal currents, short circuits and combustion due to causes inherent to the operation of such installations and devices, even when the aforementioned accidents do not lead to fire.
The limit on the indemnity for this cover shall be 1,500€ on a first loss basis.
THE FOLLOWING IS NOT COVERED:
1. Damage sustained by homes with provisiona lelectrical installations or installations that do not meet current regulations.
2. Damage caused as a result of wear or gradual deterioration of electrical installations or appliances due to normal use and operation, weathering, corrosion, oxidation, cavitation, rusting or the build-up of deposits.
3. Damage consisting of simple aesthetic defects that do not affect the operation of the device.
4. Damage caused to light bulbs, fluorescent bulbs,lamps, electric and cathode tubes, as well as lighting devices and other appliances that are more than 30 years old.
5. Damage covered by the manufacturer’s or supplier’s warranty; simple maintenance operations and requirements or operational failures.
6. Damage sustained by exterior installations, whether over or underground, not including radio and/or television antennas.
7. Electrical installations, electrical devices and/or electronics with a value as new of less than 60€, unless the claim includes damage to other equipment with a value over the insured home.
The maximum indemnity provided by the insurer for claims deriving from covers in sections A.1. to A.7. shall be those specifically stipulated in each cover. Notwithstanding this, the total indemnity amount may not exceed 100% of the insured sums for the building and/or contents, even when the same claim is insured by more than one cover.
A.8. Public liability
The following definitions are provided for the purposes of this cover:
Non-dangerous breeds of dogs, cats, birds and aquarium fish belonging to the insured, excluding poisonous species, those protected by law and those whose trade is prohibited, provided that:
– They are intended to provide company and are not used for commercial purposes.
– They comply with current regulations concerning vaccines and/or safety standards.
Dangerous breeds of dogs:
Dogs and cross-breeds of the following breeds: American Staffordshire Terriers, Boxers, American Bulldogs, Bullmastiffs, Cane Corsos, Dobermans, Argentine Dogos, French Mastiffs, Tibetan Mastiffs, Fila Mastiffs, Neapolitan Mastiffs, Caucasian Shepherds, Canary Dogs, Majorcan Bulldogs (Ca de Bou), American Pitbull Terriers, Rottweilers, Staffordshire Bull Terriers, Tosa Inus and Japanese Tosas, as well as any other breed legally documented as dangerous when the claim was made.
Any individual or legal entity other than:
- – The policyholder or the insured.
- – The following family members of the insured or policy holder: The spouse(or common law partner), natural or adopted relatives in the ascending line or descendants to the third degree of blood or legal relation, provided that they habitually live with them or are financially dependent on them.
- – People who regularly live at the residence of the policy holder or the insured, without receiving economic benefits from their relationship.
- – Partners, executives, wage earners and individuals who are, legally or in fact, dependent on the insurance policyholder or the insured, while acting in the sphere of their dependency.
Any harmful event covered by the policy for which the insured might be publicly liable according to Article 1902 and subsequent Articles of the Civil Code, for material damage, bodily injuries and direct damages involuntarily caused to third parties during the term of the insurance due to events insured by this cover. All damage due to a sole original cause, regardless of the number of claims placed, shall be considered to constitute one single claim.
Term of the insurance:
The period of time between the date on which the insurance takes effect and that of the policy’s first expiry date, or between two annual expiry dates, or between the last annual expiry date and the policy’s cancellation.
Limit per claim:
The maximum sum the insurer undertakes to pay for all indemnities and expenses corresponding to a single claim, regardless of the number of injured parties.
Limit per victim:
The maximum sum the insurer undertakes to pay the injured party or his/her assignees for all the damage caused.
Should various parties be injured as the result of a single claim, the limit set out in the policy shall be applied to each one of the victims until the overall limit per claim set out in the policy is reached.
Limit per insurance term:
The maximum amount the insurer undertakes to pay for all indemnities and expenses during an insurance term, irrespective of whether the damages for which the claims are placed stem from one or more claims.
The sum insured
shall decrease in accordance with the number of claims filed over the insurance term.
Physical injuries or death caused to individuals.
The destruction or deterioration of things and/or animals.
The economic loss directly stemming from personal injury or material damage which the policy may indemnify, suffered by the claimant of the economic loss.
Benefits from the insurer
Pursuant to the conditions of cover in the policy and limited to the sum insured set out in the schedule thereof, the insurer shall bear the following costs:
- – Payment to the injured parties or their entitled dependants of the indemnities arising from the public liability of the insured.
- – The posting of legal bails required of the insured to cover his/her public liability.
- – Payment of legal costs and expenses.
- – Payment of the fees of the professionals entrusted with the legal defence of the insured against the claim of the injured party.
- – Extrajudicial costs inherent to the claim that may be incurred by the insured,provided that the aforementioned costs were incurred with the consent of the insurer.
Should claims for public liability exceed the sum insured in the policy, the insurer shall only be bound to bear the payment of the legal costs and expenses in proportion to the total cost of the claim and the sum insured, even when various proceedings derive from one claim.
Territorial scope of the cover and jurisdiction
This cover is extended and limited to the liabilities that can be heard or recognised by Spanish courts, which derive from damage occurring anywhere in the world, except the United States of America, Canada and Mexico.
Regardless of the place where the claim occurs, indemnity shall be paid by deposit in euros at a Spanish bank or savings bank according to the legislation in the respective country. For the conversion, the currency conversion chart for the day on which the deposit is made shall be used, according to the buying rate.
When the primary residence of the insured is located abroad, the cover shall be limited to claims made according to Spanish legislation, which derive from damage sustained in Spain.
Temporary scope of the cover
Public liability arising from damage sustained during the valid term of the policy, for which claims are placed during its valid term or within a period of 12 months from its termination or cancellation date, is covered.
The insured sum is set at 150,000€ per claim. Different sums insured may be set out in the schedule.
A.8.1. If the building is insured.
Within the linits and conditions stipulated in the policy,the insurer covers the insured’s indemnity payment for which the latter may be publicly liable, pursuant to current legal regulations, as a result of personal injuries, material damage, or damage involuntarily caused to third parties, in his/her capacity as an owner or co-owner of the home described in the policy, deriving from the aforementioned ownership or co-ownership.
Public liability arising from water damage due to leaks, bursts, ruptures, overflows or blocks in the pipes, installations or permanent tanks in the insured home is also covered.
Public liability attributable to the insured and derived from carrying out refurbishment, repair, extension and maintenance work on the insured home is also included, provided that such work is classified as minor and the budget thereof does not exceed 30,000€.
THE FOLLOWING IS NOT COVERED:
Claims arising from:
a. Contractual public liability and damage caused by the performance of any commercial, industrial or professional activities carried out in the insured home.
b. Liability directly attributable to tenants or employees of the building.
c. Damage caused by property that has been declared due for total or partial
Damage sustained by the building that is the object of the insurance and the installations thereof.
d Damage caused by lifts or freight lifts when the current regulations concerning their conservation and maintenance have not been met and, at all times, the liability attributable to the companies entrusted with their maintenance and conservation.
e. The liability of the company responsible for filling and maintaining diesel oil, fuel oil, propane and similar tanks.
f. The ownership of any other building not described in the policy.
A.8.2. If the contents are insured
The insurer covers the indemnity payment of the insured and individuals under his/ her care, for which s/he may be publicly liable, pursuant to current legal regulations, as a result of personal injuries, material damage, or damage involuntarily caused to third parties due to events occurring in the scope of his/her private life with regard to:
- – Non-professional activity: For acts or omissions committed in his/her non- professional life.
- – Head of the family: For acts or omissions committed by any individual for whom he/ she is liable in his/her private life, as well as for the acts or omissions of the members of the family unit living with the insured.
- – Household staff: For acts or omissions committed by the household staff under his/her service while performing their work.
- – A user and/or tenant of the home containing the insured objects, excluding claims arising from the maintenance of the home.
- – Sportsperson: Performing any sporting activity as an amateur, excluding aeronautical sports, archery and hunting. Damage caused by performing sports as a professional is not covered.
- – Pet owners: According to the definition provided in this cover, except dangerous breeds of dogs that may be the object of optional cover via the express inclusion thereof and the payment of the relevant premium. 24
Owner of a pleasure craft without an engine.
This shall be construed as floating objects used for recreational sailing, provided that they have no engine, are up to 6 meters long and have the valid pilotage certification required by law.
Owner or user of bicycles
As an amateur.
Owner of individual radio and/or television antennas
Installed in the home containing the insured objects. Claims deriving from the maintenance of the antenna or damage caused to the home are not covered.
Public liability of the tenant
In relation to the owner of the home with regard to material damage caused to the home as a result of fire or explosion, when liability is attributable to the tenant.
Fishing public liability.
Pursuant to the terms and conditions stipulated in the policy, the insurer shall bear the financial consequences of public liability that may correspond to the insured in accordance with current legislation as a result of successive bodily injuries, material damage or losses caused involuntarily to third parties while carrying out angling.
THE FOLLOWING IS NOT COVERED:
Both in the case of insuring contents and the building for claims relating to:
1. Damage caused when the insured or other insured individuals carry out any industrial, commercial, trade or professional activities.
2. Damage due to the participation of the insured or the insured individuals in competitions, races, bets or contests of any kind, or in their preparatory trials or training sessions, provided that they do not participate as amateurs.
3. The use or carriage of any type of arms.
4. Damage sustained by the insured while in a state of intoxication or under the effects of any kinds of drugs. Intoxication is understood as being when the insured exceeds the limits set out in the applicable legislation when driving, in the blood or exhaled air.
5. Possession or use of horses or other riding animals.
6. Events occurring abroad when the primary residence of the insured is outside of Spain.
7. Damage sustained by property or animals that, for whatever reason (deposit, use, repair, handling, transformation, transport or other), is in the power, custody and control of the insured or of individuals for whom s/he is legally liable.
8. The ownership, possession, holding or use by the insured of any kind of boat over six metres long.
9. The ownership, holding or use of motor vehicles and any trailer or incorporated elements by the insured, due to traffic incidents, as regulated by current legislation concerning the transit of motor vehicles.
10. Damage caused by risks that should be covered under mandatory insurance, even when such events lead to financial liability that exceeds the limit set by the aforementioned insurance.
11. Any obligation contractually undertaken by the insured in excess of the legal public liability.
12. Economic loss that is not the direct consequence of personal injury or material damage covered by the policy.
13. Costs incurred by the insured to prevent a harmful event, or repair the property and installations that caused an accident, deriving from infringements or voluntary breaches of legal regulations.
14. Fines and/or personal sanctions of any kind imposed upon the insured or the individuals for whom s/he is liable, as well as the consequences of not paying them.
15. Damage caused to documents of monetary value; indemnity shall be limited to the cost of replacing these documents, not to the value thereof.
16. Acts of bad faith, challenges and quarrels.
17. Damage due to the infringement or breach of legal regulations.
18. Transmission of infectious diseases to human beings.
19. The cover described in section A.8.2., when the insured home is rented out by the insured, s/he consents to its use, or when the insured is a legal entity.
A.8.3. Employer liability
For the purposes of this cover, third parties shall be deemed as any household employee or other individual hired by the insured, provided that the accident occurs while carrying out normal domestic duties in the household.
Scope of the cover
Overriding any provision to the contrary, the insurer covers any public liability that may correspond to the insured pursuant to current regulations as a result of personal injuries suffered by workers while carrying out their work.
The maximum limit on the indemnity per claim is 100,000€.
THE FOLLOWING IS NOT COVERED:
Claims arising from:
1. Events not deemed to be work-related accidents or that are excluded from the cover provided by occupational accident insurance.
2. Employees who have not been registered for compulsory occupational accident insurance.
3. Breaches of work and social welfare obligations, whether contractual or legal, that fall under the competence of Social Jurisdiction.
4. Indemnity for accidents deriving from events relating to the use and transit of vehicles, aircraft or boats.
5. Indemnity for accidents suffered by employees while travelling between the place of work and their residence, as well as during the course of any trips they might make for work-related reasons.
6. Indemnity and medical care expenses for occupational illnesses or for illnesses contracted by employees as a result of carrying out their job, as well as for heart attacks, thrombosis, cerebral haemorrhage and any other illnesses with similar causes or origins.
7. Fines and sanctions imposed on the insured, as well as any surcharges on the benefits set out in current legislation for punitive reasons.
8. Material damage caused to property owned by the employees of the insured.
9. Liabilities deriving from behaviour classified as very serious violations by a work inspection, as well as fraudulent or repeated breaches of occupational safety and hygiene regulations.
10. Liability attributable to contractors and subcontractors who are not the insured of this policy.
A.8.4 Legal defence of the insured regarding public liability cover
In any legal proceeding deriving from a claim included in the policy’s public liability cover, the insurer shall assume the cost of the legal representation for the claim of the damaged party, appointing the legal representatives and solicitors to defend and represent the insured in legal actions that might be brought against him/her in claims for liabilities covered by this policy, even when these claims are unfounded.
Similarly, the defence and representation of the insured in criminal proceedings are covered.
The insured shall offer the necessary cooperation for the defence, undertaking to grant powers of attorney and personal assistance that may be required.
Whatever the ruling or result of the legal proceedings, the insurer reserves the right to initiate the legal appeals that might proceed against the ruling or result, or to accept it.
If the insurer deems an appeal inadmissible, it shall inform the insured, who will be free to file it exclusively at his/her own expense, and the former shall undertake to reimburse the legal costs and fees for lawyers or solicitors if the appeal succeeds.
Should a conflict arise between the insured and the insurer due to the latter’s need to support interests in the claim contrary to those of the defence of the insured, the insurer will make this known to the insured, without detriment to the execution of procedures that are necessary for the defence due to their urgent nature. In this case, the insured may opt to allow the insurer to continue to manage his/her legal affairs or entrust his/her own defence to another person. If this occurs, the insurer shall be obliged to pay for the expenses of the legal representation up to 6,050€ per claim.
A9. Home/emergency/D.I.Y assistance
A.9.1. Main cover
The following definitions are given for this cover:
The individual that holds the policy or the interest that is the object of the insurance, his/her spouse, legally or in fact, ascendants and descendants to the first degree and any other family members that regularly live with him/her in the insured home.
Claim: All accidental events occurring in or relating to the home covered in the insurance, regardless of the will of the insured, which are addressed in this additional cover.
1. Sending professionals
In the event of a claim covered by the policy, the insurer will provide the professional qualified to perform the necessary operations in order to limit and control the scope of the damage until the loss adjuster arrives.
At all times, the insurer will bear the travel costs of the professional to the insured home,
but any other expenses incurred in carrying out the operations shall be borne by the insured, except for services arising from a claim covered by the policy.
When the damage exceeds the limits set out in this policy, the insured shall bear the cost of the labour and materials relating to this excess, or should his/her policy include the payment of an excess, if the damage does not exceed this amount.
2. Hotel expenses
When the home is rendered uninhabitable owing to a claim covered by the policy, the insurer shall arrange and bear the costs of the insured’s accommodation in a hotel close to his/her home for a maximum of 48 hours or to a maximum cost of 181€ per claim.
If the insured chooses the first option, the hotel category shall be:
- – 3 stars, if the total annual premium is equal to or less than 60€.
- – 4 stars, if the total annual premium is more than 60€ but less than 121€.
- – 5 stars if the total annual premium is more than 121€.
3. Expenses for surveillance of the home
Should the home become uninhabitable and provided that, as a result of the claim covered by the policy, its access points are left unprotected, the insurer shall arrange for and bear the cost of its surveillance up to a maximum of 72 hours.
4. Moving and furniture storage expenses
If the home is rendered uninhabitable, the insurer shall also arrange and cover the expenses of moving the insured’s furniture and personal belongings to his/her provisional residence, which shall be located within the same municipality as the insured home.
If necessary, the insurer shall also cover the expenses of transporting and depositing the aforementioned furniture and personal belongings in a storage facility for up to six months, which shall be located in the same municipality or in the closest municipality that has such a facility.
5. Emergency repairs in the event of theft with violence
Should the insured home be left unprotected as a result of theft with violence or attempted theft with violence and, therefore, easily accessible from the outside, the insurer shall arrange for workers to be sent urgently to make the necessary provisional repairs to prevent such accessibility and shall bear the cost of their transport.
6. Legal advice in the event of theft with violence
In the event of theft with violence or attempted theft with violence in the insured home, the insurer shall also provide legal advice with regard to the steps to be taken by the insured to report the events and shall provide information regarding the course of any legal proceedings that are initiated and the eventual recovery of the stolen objects.
7. Temporary replacement of television, VCR and/or DVD equipment
If the insured is unable to use his/her television, VCR and/or DVD equipment as a result of any claim covered by the policy, the insurer shall make equipment of a similar nature available to the insured, free of charge and for a maximum of 15 days.
This service shall be provided on working days from 9:00 a.m. to 6:00 p.m.
8. Early return due to a serious claim
If a serious claim occurs in the insured home while the insured is away and the home is rendered uninhabitable, the insurer shall provide the insured with a train or plane ticket to return to his/her residence. In addition, if the insured has to return to his/her place of departure, the insurer will provide him/her with a train or plane ticket for such purposes.
9. Transmission of messages
The insurer shall arrange for the transmission of any urgent messages given to it by the insured parties to their family members in relation to events insured by this policy’s cover.
10. Restaurant expenses
Should the kitchen in the insured home be rendered completely unusable due to a claim covered by the policy, the insurer shall reimburse the insured for restaurant expenses up to a maximum of 125€ per claim.
11. Laundry expenses
Should the washing machine be rendered completely unusable due to a claim covered by the policy, the insurer shall reimburse the insured for laundry expenses up to a maximum of 125€ per claim.
12. Sending a doctor in the event of an accident
In the event of a serious accident in the insured home resulting in an injury to the insured, the insurer shall arrange for a doctor to be sent as urgently as possible, in order that s/he may take the appropriate professional action after having examined the injury.
The insurer shall only cover the professional fees and travelling expenses incurred for the first visit.
13. Medical transport in the event of an accident
If the doctor sent by the insurer in the event of a serious accident, as described in section 12, Sending a doctor in the event of an accident, decides that the insured should be taken to hospital, the insurer shall arrange and bear the costs of transportation by ambulance to the nearest or most suitable medical centre in the same municipality as the insured home.
Both in this instance and in that described in section 12, the insurer shall be responsible for transmitting any urgent messages given to it by the insured parties and intended for their family members.
14. Sending qualified medical personnel
If, as a result of an accident in the insured home, the insured is ordered by a doctor to remain in bed under the care of a nurse (without the need for hospitalisation), the insurer shall arrange and bear the costs of the following:
- – Sending qualified medical personnel to attend to the insured, up to a maximum of 72 hours per claim.
- – Sending a babysitter, should the insured that has received the injury be the habitual carer of minors under the age of 14, up to a maximum of 72 hours per claim
15 Sending medication
Should the insured require the home delivery of medication prescribed by a doctor as a result of a claim giving rise to the benefits of the aforementioned cover, the insurer shall be responsible for arranging the medication to be sent to the insured as quickly as possible. The cost of this medication shall be borne by the insured.
16. Early return in the event of hospitalisation or death of a family member
If, while the insured is away from home, any individual also insured under the terms of this policy is hospitalised or dies, within the same municipality in which the insured home is located, the insurer shall bear the cost of the insured’s transportation to his/her place of residence and, where applicable, the expenses incurred to return him/her to the point of departure, should s/he need to do so in order to proceed with his/her trip or recover his/her vehicle.
17. Emergency locksmith
If the insured is unable to enter the insured home as a result of an incident such as the loss, misplacement or theft with violence of keys, or the lock having been broken as a result of attempted theft with violence or any other cause that prevents it from being opened, as well as in the event of the theft with violence of a set of keys that might jeopardise the security of the home, the insurer shall arrange for a locksmith to be sent as quickly as possible in order for the necessary emergency repairs to be carried out to ensure that the home may once again be entered and locked safely.
The insurer shall bear the transport and labour expenses required to open the door.
The insurer shall also bear the eventual costs of replacing or repairing the lock, keys and other related elements, provided that the damage in question is covered by the policy and always in accordance with the conditions and limits set out in the insurance.
18. Cover for information, connection or sending professionals
When the insured so requires, the insurer shall arrange for a qualified professional to perform the services s/he may require, including the following:
Plumbers, Television and video installers,Platerers, Window cleaners, Electricians, Antenna Installers, Carpet layers, Contractors, glaziers, Entryphone installers, Parquet layers, General cleaning, Carpenters, Builders, Metalworkers, Small scale transporters, Locksmiths, Painters, Upholsterers, Security guards, Electrical appliance repairers, Blind installers, Varnishers.
The Insurer Covers:-
– The transport of the aforementioned professionals within 24 hours and as quickly as possible.
– A fixed hourly rate of work with different rates for the day shift (08:00 a.m. to 7:00 p.m.), the night shift (7:00 p.m. to 08:00 a.m.) and public holidays. Rates shall be revised each year.
– Three-month guarantee on the work performed.
– Public liability for the work carried out.
At all times, the insurer will bear the travel costs of the professional to the insured home, but any other expenses incurred in carrying out the operations shall be borne by the insured, except for services arising from a claim covered by the policy.
A.9.2. Household emergency
In the event of a claim that is not covered by the policy, the insured will have access to the following services:
1. Emergency plumbing
In the event of breakage of the fixed water pipes of the insured home, the insurer shall send, as quickly as possible, a worker to carry out the emergency repair required to fix the malfunction. The travel and labour costs for this emergency repair, up to a maximum of three hours, shall be free of charge for the insured, who only needs to pay the cost of materials that may be required.
THE FOLLOWING IS NOT COVERED:
a. The repair of malfunctioning taps, cisterns, tanks and, in general, any element not forming a part of the water pipes in the home.
b. The repair of malfunctions arising from damp stains or leaks.
2. Emergency electricity
When a power cut occurs in the insured home or in one of its related buildings as a result of a malfunction in the electricity installation pertaining to the insured home, the insurer shall send, as quickly as possible, an operator to make the emergency repairs required to re-establish the electrical supply, provided that the state of the installation permits this. The travel and labour costs for this emergency repair, up to a maximum of three hours, shall be free of charge for the insured, who only needs to pay the cost of materials that may be required.
THE FOLLOWING IS NOT COVERED:
a. The repair of malfunctions inherent to mechanisms such as outlets, conductors, switches, etc.
b. The repair of malfunctions inherent to lighting elements, such as lamps, light bulbs, fluorescent bulbs, etc.
c. The repair of malfunctions inherent to heating devices, electrical appliances and, in general, any other malfunction inherent to a device that runs on electricity
3. Security staff
Should the home become easily accessible from the outside as a result of theft with violence, attempted theft with violence or any other accidental event, and should surveillance and/or custody services be required, the insurer shall send qualified security staff at its own expense for up to a maximum period of 48 hours, beginning at the
time of their arrival at the affected home. This service shall end as soon as the accidental event has been rectified.
The insurer shall organise and bear the expenses of transport in an ambulance, due to an accident or serious illness suffered by the insured in the primary residence.
At all times, the service shall be provided to the nearest or most appropriate hospital, within a 50km radius from the point where the ill or injured individual is picked up.
In this case, the insurer shall also be responsible for transmitting any urgent messages given to it by the insured for his/her family members at this time.
5. Emergency locksmithing
When the insured is unable to access the insured home as a result of an incident such as loss, misplacement or theft with violence of the keys, inability to use the lock owing to attempted theft with violence or any other cause that may impede access to the door, or in the event of theft with violence of a set of keys and the subsequent jeopardising of the security of the home, the insurer shall send a locksmith to the home as quickly as possible in order to carry out the necessary emergency repairs to ensure that the door(s) in question can be securely opened and locked once more. The travel and labour costs for this emergency repair (maximum of 3 hours) shall be free of charge for the insured, who only needs to pay the cost of materials that might be required.
To make use of the benefits offered by the Home Assistance cover, in each case the insured must report the claim and relevant circumstances to the insurer immediately by telephone. As all the cover in this section entails the provision of services, the insurer shall not reimburse any amount that may eventually have been paid by the insured, except in cases when the insurer has given its express consent beforehand.
1. Instructions for requesting services
Urgent services which correspond to the covers in section
A.9.1. Home assistance
Can be requested 24 hours a day, including Sundays and public holidays, and are provided as quickly as possible.
Non-urgent services and those included the section A.9.1. Cover for information, connection or sending professionals are available on weekdays from 9 a.m. to 6 p.m.
For the services included in section A.9. Home Assistance, the insured must call the telephone number given in the general conditions/schedule of the policy or on the assistance card immediately and provide the following information:
- – Name, address and contact telephone number.
- – Number of this policy.
- – Type of assistance required and degree of urgency.
2. Cover for services
- – Transport required for the repair.
- – Travel of workers.
- – Labour costs.
- – Materials used.
- – Taxes.
DIY service request
The DIY service can be requested by phoning the Home Helpline given in the schedule.
Any other service not requested via the helpline will not entitle the insured to any refund or compensatory indemnity.
The proposal form will inform the insured if the task to be carried out is included in the DIY service cover.
Every request involves sending an appropriate professional to carry out the task, therefore it will not be possible to request tasks that are different from the requested one in the proposal form.
This service will have a 6-month guarantee for the works carried out, provided that the materials used were new.
A maximum of one request per policy and per year of insurance shall be permitted.
DIY service conditions
The DIY service consists of the following activities:
– Installation of bathroom and kitchen fixtures.
– Sealing worn joints in baths, showers, toilets and sinks.
– Replacement of taps or the installation of new ones where there is a connection point.
– Installation or replacement of lamps and lights at lighting sources.
– Assembly of flat-pack furniture, putting up shelves.
– Putting up curtains and clotheslines.
– Putting up paintings, mirrors, or decorative figures on walls.
– Replacement of plugs or light switches for other ones (no changes in location).
- Free travel for the professional to the insured home.
The professional’s labour up to a maximum of 3 hours at the insured home.
The materials required to perform the works are not part of the service, which will be paid for by the insured.
The insured must have all the materials and items required for the professional to perform the work before it starts to ensure the service is carried out properly. If not, the service cannot be carried out, and it will be counted as a performed service for the yearly calculations.
Extension of the service
If, at the time the request is made, it is estimated that the task to carry out will exceed the three hours stipulated in the cover, the insured can extend the service by two hours, the cost of the labour for this extension being borne by the insured.
The insured will be informed of the cost of the extension beforehand, in order to give his/her approval thereof.
The service will be carried out in these hours:
8:00 a.m. to 7:00 p.m., working days, Monday to Thursday.
08:00 a.m. to 3:00 p.m., working days, Friday.
THE FOLLOWING IS NOT COVERED:
a. Any work assessed by the professional that will take more than 5 hours.
b. Partial works, understood as those which the insured has carried out or which s/ he intends to carry out a part of the whole task.
c. Any work carried out on electrical appliances.
d. Any electronic work (audio, video, TV, intercom with audio, intercom with video, installation of alarms, antennas, computers, etc.).
e. Any other service not set out in the DIY service list.
f. Services provided by professionals such as electricians or plumbers.
A.10.1. Family legal defence/claim for damages
For the purposes of this cover, the following definitions shall apply:
Any unforeseen event or occurrence that harms the interests of the insured or impacts upon his/her legal circumstances.
For criminal offences, the claim shall be taken as having happened at the time when the punishable event occurred.
For claims that do not arise from contractual relations, the claim shall be taken as having occurred at the same time that the damage was caused.
For legal actions regarding contractual matters, the claim shall be taken as having been made when the insured, opponent or third party committed the violation of the contractual regulations.
The period in which a claim is not covered, even though the insurance has come into force.
In relation to contractual matters, the elimination period shall be three months counted from the date on which the insurance came into effect.
There shall be no cover if, upon formalisation of this policy or during the elimination period, the contract from which the lawsuit arose is rescinded by one of the parties or if its termination, cancellation or modification is requested.
The payments to be made by the insurer under the terms of this cover shall be subject to the following limits per claim or incident:
- – Expenses incurred for legal defence or claim for damages: 6,050€.
- – Payment of bail bonds: 6,050€.
- - Territorial scope of the cover
Cover shall be provided for insured events occurring in Spanish territory that fall under the jurisdiction of Spanish courts and tribunals.
Andorra shall be considered as within Spanish territory for the purposes of the cover taken out.
1. Covered risk
The insurer undertakes to assume the legal defence of the insured, his/her spouse, whether legal or in fact, and any of his/her ascendants or descendants to the first degree that live with him/her in the insured home, exclusively with regard to the events listed in sections 2, 3 and 4 and occurring in the sphere of the insured’s private life.
The cover shall have the same effect should the insured temporarily reside outside the residence specified in the policy for reasons of health or studies.
2. Claim for damages
This cover comprises the defence of the insured’s interests regarding claims for damages arising from the extra-contractual public liability of a third party for the damage that the insured has suffered in person or that has been caused to the movable assets of his/her property due to recklessness or wilful misconduct.
This cover extends to claims for damages suffered by the insured in his/her capacity as a pedestrian, passenger in any means of land-based transport or in the non-professional practice of any sport, excluding motor sports.
3. Criminal defence
This cover is understood to be the criminal defence of the insured in proceedings brought against him/her due to recklessness, incompetence or negligence, provided that they are not covered by this policy’s liability cover. This cover extends to criminal defence of the insured in his/her capacity as a pedestrian, passenger in any means of land-based transport or in the non-professional practice of any sport, excluding motor sports.
4. Rights regarding the home
This cover is understood to be the protection of the insured’s interests with regard to the insured home, designated in the schedule of this policy.
4.1. As a tenant, owner or usufructuary with regard to:
– Damage not arising from contractual relations caused by third parties to the home.
– Claims against neighbours for breach of the legal regulations with regard to the emission of smoke or gas.
– Damage not arising from contractual relations caused by third parties to the movable property in the insured home.
– Claims for breaches by third parties of sale, deposit and similar contracts affecting the furniture and other household goods.
– Defence of the insured’s criminal liability in proceedings brought against him/her for recklessness, incompetence or negligence in relation to his/her residence in the insured home.
– Claims for breaches of service contracts for the repair or maintenance of installations in the insured home when the payment of said services corresponds in full and has been made by the insured.
– Defence against claims brought by domestic employees who are registered in the social security system.
4.2. As an owner or usufructuary with regard to:
Disputes with neighbours over matters of rights of way, lights, views, distances, boundaries, dividing walls or plantations.
Criminal liability defence in proceedings brought against him/her for recklessness, incompetence or negligence as a member of the board of co-owners of the building where the insured home is located.
The defence and claim of his/her interests with regard to the homeowner association,provided that s/he is up to date with the legally agreed fees.
4.3. As a tenant with regard to:
– Disputes arising from the rental contract.
5. Extrajudicial advice
This cover enables the insured to request advice from the insurer, either in person or via telephone, provided that an unforeseen change has occurred to the insured’s legal circumstances that justifies the request, such as consultation prior to the initiation of any covered legal proceedings.
Cover is provided for consultations that can be resolved verbally and at the time of their request; consultations that require further action are not covered.
For the sole purposes of this cover, the insured may call the telephone number given in the general conditions/schedule of the policy or on the legal defence card and must provide the following details:-
Name, address and contact telephone number.
Number of this policy.
Type of assistance requested.
THE FOLLOWING IS NOT COVERED:
1. Trials for eviction due to non-payment.
2. Issues arising from the practice of a trade-related, professional or commercial activity.
3. Legal action related to the transit of a motor vehicle or its trailers, whether as an owner or driver.
4. Any matter related to insurance policies that the policyholder or insured may have taken out.
5. Legal action arising from or that is related to the planning, construction, conversion and demolition of the insured home or that originating from quarries, mining explosions and factory facilities.
6. Claims that may be brought by one of the insured parties against another, or by any of them against the insurer.
7. Legal action arising over matters of intellectual or industrial property; legal proceedings pertaining to urban planning, land consolidation or expropriation, or pertaining to contracts regarding beneficiary clauses that are in the insured’s favour.
8. The payment of fines and criminal sanctions, whether administrative or legal.
9. The payment of taxes or other fiscal payments arising from the provision of public or private documents to legal entities.
10. The monetary obligations imposed on the insured parties as the sentence of any legal or administrative resolution.
11. The expenses arising from a legal counterclaim, when it concerns matters not included in the cover provided.
A.10.2. IT assistance (help desk)
This cover will provide an IT assistance service for the insured which includes, among others, cover for remote assistance, in-situ assistance, data recovery and online backup.
All the services must be requested by phoning the permanent IT helpline, which is open 24 hours, 365 days a year.
Provided that the insured needs to enquire or receive help to solve problems affecting computers of domestic use owned by him/her and which are located in the insured home, the insurer shall provide the following services via the IT assistance cover:
- – Telephone assistance
- – Online chat assistance
- – Remote control assistance 24 hours a day, 365 days a year.
Scope of the service
The insurer will provide the insured with a specialist technician, who will assess how to resolve the problems, the administration and configuration of the systems and help using applications such as operating systems, office computer programs, email, browsers, anti- virus programs, firewalls, image processors and other standard applications.
Supported operating systems
Microsoft Windows 7, Vista, Millennium, XP Home, XP Professional, NT, 2000, 2003. MAC OS 10.2, 10.3, 10.4 Tiger, 10.5 Leopard, 10.6 Snow Leopard.
- – Desktop computers and laptops.
- – Peripherals such as printers, scanners and external hard drives.
- – Multimedia players, portable GPS systems.
Configuration of MS Windows 2000/XP and Vista, MS Outlook and Outlook Express, MS Explorer, MS Word, Excel, Access, Power Point, anti-virus programs, Acrobat Reader, Winzip Reader and synchronisation of PDAs to PCs.
Configuration of PTSN, ADSL and cable connections. Use of email, internet search engines (Google, Yahoo, MSN, etc.), buying on the internet and secure payments, Windows Live Messenger, Skype, Netviewer, etc.
Multimedia and others
Power DVD (Cyberlink), WinDVD (InterVideo), New DJ (Audioneer), Encarta, Quick Time Apple, Photo Explorer Ulead, Nero, Easy CD Creator, WinON CD, Winrar and WinAce.
- – Help for using applications, tools and communications.
- – Installation and removal of applications.
- – Updating versions and service packs, provided that the insured has the appropriate licence or the update is free.
- – Configuration of operating systems and applications.
- – Advice regarding hardware and software requirements.
- – Installation and configuration of peripherals.
Advice for resolving problems will be given only by telephone, online chat or remote access to the insured’s equipment if the internet connection works properly. Labour or the components required to repair the equipment are not included in any case.
1. In-situ assistance
If it is not possible to resolve the problem remotely, or when the problem or damage is not covered by this policy, the insured will be given the chance for a technician to come to his/her address.
The technician will give a quote and if applicable, will carry out the requested services, the amount for these works and services being paid by the insured. The travel costs and the first hour of labour are free, but other hours of labour and the materials shall be paid by the insured.
2. Service to recover data from hard drives
According to this cover, the insured will be put in contact with a specialised technician, via telephone or online chat, who will assess the recovery of IT data, when possible, on any storage device owned by the insured.
When a data storage device owned by the insured is damaged physically (fire, water damage or accident) or in another way (virus, misuse or human error) and the insured cannot access the data it contains, the insurer undertakes to analyse it and, when possible, partially or fully recover the data it contained.
The service is applicable to data storage devices manufactured after 2005, which are used in the computer processing equipment owned by the insured, specifically internal hard drives.
The insured shall bear the transport costs of the device from his/her address to the collection point in Spain indicated by the operator in each case.
Ten days after being received at the indicated collection point, the insurer undertakes to have recovered the data, provided that the support or devices permits it, and to start the necessary transport procedure to deliver the device to the insured address. The cost for delivering the device back is borne by the insurer.
The carrier indicated by the insurer will contact the insured to agree the date and time of the delivery according to the preferences of the insured.
It is hereby expressly stated that the insurer cannot be held liable for the information contained in the damaged devices or the recovery thereof.
This service is limited to 2 services per policy and year.
3. Limit of computers
There is no limit of computers for this cover.
However, the insurer is entitled to eventually request the insured to prove that s/he owns the equipment the data recovery service is requested for.
4. Online backup
Via this cover the insured may request the installation, configuration and programming of the system, during a remote session, to automatically create an online backup copy up to a storage limit of 5GB.
The system offers the possibility of accessing your backup copy from any computer that has internet access.
Scope of the service
The services included are:
- – Installing the backup copy program by a qualified technician during a remote session.
- – Configuring the program to carry out the automatic backup.
- – Assessing files to put on the backup copy.
- – Recommendations when creating a username and password to access the service and for the information saved on the online backup copy.
- – A backup copy is made regularly and automatically.
5. Software download service
This service consists of telephone, online chat or remote assistance, and deciding and downloading the free programs that are appropriate for safety, viability, etc. due to their convenience and usage.
If requested, the catalogue of programs included in the scope of this cover will be provided.
The insurer cannot be held liable for claims for possible errors, faults, viruses, etc. which downloaded programs may contain.
Both the download service and the corresponding licences shall be paid by the insurer.
6. Technology assistance
This service enables the insured to contact, via telephone or online chat, a qualified technician to get general support for using technology devices within the scope discussed in this insurance policy. Support will be given for the following devices, among others.
– DTT – Digital cameras – DVDs
– Digital videos – Blu-ray discs – Digital photo frames
In order to provide this service, it shall be necessary for the device use manual to be available in Spanish on the internet.
The insurer will deal with any request relating to:
- – Installation or configuration problems.
- – Training.
- – The current computing and technology market: security alerts, new developments, critical updates.
- – Checking and setting up computers.
7. New development information support
This includes sending information about the latest new developments on the market:
- – Sending information regularly when expressly authorised by the customer.
- – Response to requests made by customers for information on specific topics.
- – Sending comparisons of different products.
- - Sending warnings about the latest computer viruses or security threats.
- - Sending information about the latest news of interest for residential users on the computing/technology market.
THE FOLLOWING IS NOT COVERED:
1. Loss of data.
2. Recovery of data from removable and/or external devices.
3. The installation of software, the licence of which is not owned by the insured.
4. Devices for professional use.
5. The loss of profit suffered by the insured as a result of the fact causing the action.
6. The loss of information in equipment that contains spyware, peer-to-peer programs or any other kind of software or hardware that behaves maliciously.
7. The recovery of original files for devices not listed in the information about the service.
8. Malfunctions of the support device this service was provided for.
9. The recovery of information from storage devices that have been manipulated before delivering to the insurer.
10. Application servers, web servers, as well as complex storage systems (RAID, storage for volumes, etc.).
11. Any other maintenance or technical support service for equipment that is not expressly insured.
12. The liability for not carrying out or delaying the service due to force majeure, both technical (faults in connecting to the internet or electricity failures) and in the case of war, sieges, strikes or exceptional measures taken by authorities.
13. Storage devices that are not included in the insured property of this policy.
14. The recovery of data when impossible for any reason.
A.10.3. Legal defence regarding the internet
According to this cover, the insurer will provide legal advice for issues relating to the internet and digital commerce for the jurisdiction and current legislation of Spain.
Queries will be answered only by telephone and advice will be given for the following cases:
Legal advice and access to a network of lawyers regarding:
- – Criminal issues.
- – Data protection.
- – Fraud.
Criminal defence and assistance for the arrested person
For using the internet (except in cases of wilful misconduct).
Legal protection of data
- – Deeds to access, rectify, oppose or cancel data.
- – Complaints against the Data Protection Agency.
Extension of the service
Similarly, if the insured requests the services of a lawyer in a personal capacity, s/he will be offered a service connecting him/her with lawyers in the network. The costs for the services of a lawyer will be borne by the insured.
THE FOLLOWING IS NOT COVERED:
a. The obligation of the insurer to assume or take part in administrative or legal procedures required by the matters referred to in this cover.
b. Matters that must be heard in foreign courts.
c. The payment of fees of any kind which are the result of the professional work of lawyers, solicitors, notaries public, registrars, agencies, etc. that take part in the matters included in this cover, but beyond the informative and orientational obligations the insurer assumes according to the cover.
d. Matters that must be solved in writing, except in relation to the protection for damages covered by the policy, or those that require our lawyers and/or advisers to provide an in-situ service.
e. Any matter relating to the payment of professional fees in general.
f. Any other cost deriving from the query, except those included in the cover section.
This service will be provided on working days, Monday to Friday, 9:00 a.m. to 6:00 p.m.
IN ADDITION TO THAT SET FORTH IN EACH COVER, THE FOLLOWING ARE GENERALLY NOT COVERED BY THIS INSURANCE
4. RISKS EXCLUDED FROM ALL COVER.
a. Claims filed intentionally by the policyholder, insured, his/her family members, or individuals who live with him/her, or when these people are the perpetrators, accomplices or abettors.
b. Deterioration or indirect damage of any kind as a result of the claims.
c. Claims due to a failure to repair,c onserve or maintain the home and the installations thereof, totally or partially attributable to the policyholder or the insured.
d. Claims due to fermentation, fragmentation, oxidation, defects and/or flaws in manufacturing or construction.
e. Damage resulting from construction or repairwork performed on the insured home.
f. Damage arising from the use or occupation of the insured home for purposes other than those of a residential home.
g. The softening, detachment or sliding of the land on which the building is built, except when such events occur as a result of risks covered under this contract.
h. Damage sustained by movable goods left outdoors, except for television and radio antennas.
i. Claims filed as a direct result of the mechanical, thermal or radioactive effects of transmutations or nuclear reactions, regardless of the cause thereof.
j. Claims filed as a result of political or social acts, popular commotion, riots, strikes, internal disturbances or sabotage (except for the terms stipulated in article 3.A.3, section 3) in civil or international wars, even when they have not officially been declared, armed conflict, popular or military uprisings, insurrections, rebellions, revolutions and warfare operations of any kind, including military manoeuvres in times of peace.
k. Damage caused by phenomena that are classified as extraordinary according to current legislation. Under no circumstances shall the insurer advance any sum as indemnity for any claim covered by the Insurance Compensation Consortium.
l. Deductions and excess applied by the Insurance Compensation Consortium.
m. Damage that the National Government categorises as a ‘national catastrophe or disaster’.
n. Liability for damage caused, directly or indirectly, by any disturbance in the natural state of the air, in ground, marine or subterranean waters, in the soil and subsoil and, in general, in the environment, caused by:
o – Emissions, dumping, injections, deposits, escapes, discharges, run-offs, spills or leakage of contaminating agents.
o – Radiation, noise, vibrations, odours, heat, changes in temperature, electromagnetic fields or any type of waves.
o – Toxic or contaminating fumes caused by a fire or explosion.
5. AUTOMATIC ADJUSTMENTS
1. Concepts to which it applies
The effects of the adjustment are applicable solely to the sums insured and, thus, do not apply to the fixed amounts established as limits on cover, nor to percentage limits or deductibles.
The insured sums and net premiums corresponding to the covers for BUILING AND/OR CONTENTS shall be modified upon each maturity in accordance with the fluctuations in the General Consumer Price Index published by the National Statistics Institute.
The new sums insured and annual net premiums shall be established at each maturity by multiplying those contained in the policy by the value obtained by dividing the Maturity Index by the base index
The following definitions are used:
- – Base index: The General Consumer Price Index published bsy the National Statistics Institute corresponding to the month of June prior to the date of issue of the policy, which must be recorded therein.
- – Maturity index: That indicated on each premium receipt corresponding to the month of June prior to the annual maturity of the policy and published by said organisation.
3. Compensation of sums insured
It is expressly agreed that, if there is a surplus in the insured sum for building or contents when the accident occurs, this surplus will be applied to any heading that may be insufficiently insured, providing the total premium obtained upon applying the respective rates to the new distribution of sums insured does not exceed that paid by the policyholder for the annuity underway.
Once the respective sums insured have been established in this way, the insurer shall proceed to the normal liquidation of the claim in accordance with the terms set forth in
the policy’s general conditions.
This compensation shall only apply to property corresponding to a single risk situation. This compensation of sums insured does not apply to covers taken out on a first loss basis.
4. Waiver of automatic adjustment
Except when the building is guaranteed, the policyholder may oppose automatic adjustment by providing prior notice to the insurer in writing, at least two months before the policy’s annual maturity.
If the insured only insures the contents, he/she may waive the process for the automatic adjustment of insured sums and, consequently, the valuation of damage sustained by the movable property included in said contents in the event of an accident shall be calculated according to its real value.
6. OTHER INSURANCES
If multiple insurance policies have been taken out for the same items and declared risks, pursuant to the terms of Article 32 of the Insurance Contract Act 50/1980, the insurer shall contribute to the indemnity in proportion to the insured sum, without exceeding the cost of the damage. Should this declaration be omitted as a result of wilful misconduct, and, in case of over–insurance, should an accident occur, the insurer will not have to pay the indemnity.
7. DECLARATION OF RISK
The application and questionnaire filled out by the insurance policyholder, as well as the insurer’s proposal, where applicable, together with this policy, constitute a single unit, the foundation of the insurance, which only covers the risks specified therein within the stipulated limits.
Should the content of the policy differ from the proposal form or from the agreed clauses, the policyholder may place a claim against the insurer, within a period of one month as of the date on which the policy is handed over, in order to rectify the existing divergence. Should said period elapse without any claim having been placed, the terms of the policy shall apply.
The insurance agreement and its modifications must be formalised in writing.
8.INFORMATION WHEN ARRANGING THE INSURANCE, WITH HOLDING OR MISREPRESENTATION
This policy has been arranged based on the declarations made by the policyholder, according to the proposal form and questionnaire submitted to the insurer and which were used for the latter’s acceptance of the risk, the undertaking of the contractual obligations derived from this agreement and the setting of the premium.
In case of withholding or misrepresentation of information by the policyholder, the insurer may terminate the policy by providing a statement addressed to the policyholder or the insured within a period of one month as of the time that it becomes aware of said withholding or misrepresentation. As soon as the insurer makes this statement, it shall keep any premiums corresponding to the period underway, unless wilful misconduct or serious fault may be attributed to the insurer.
Should the accident occur before the insurer has made the statement described in the previous paragraph, the benefits provided by the insurer will be reduced proportionally according to the difference between the premium agreed in the policy and that which would have applied had the true magnitude of the risk been known. When the withholding or misrepresentation is due to wilful misconduct or serious fault by the policyholder, the insurer shall be released from its obligation to pay any benefits.
9. INFORMATION AND VISITS
The policyholder or the insured are obliged to inform the insurer in advance of the existence of any other policies they have taken out with other insurers that cover any of the same interests for an identical period of time.
The insurer reserves the right to visit the insured risk throughout the valid term of the policy. The insured undertakes to allow the people assigned by the insurer for this purpose to enter said insured risk and to provide them with any data, information and documents they might request.
10. IN CASE OF AN INCREASE IN RISK
The policyholder or the insured must, during the valid term of the agreement, inform the insurer, as quickly as possible, of any circumstances that increase the risk and are of such a nature that, had they been known to the insurer when the agreement was drawn up, it would not have been executed or would have been executed under more burdensome conditions.
11. POWERS OF THE INSURER BEFORE THE INCREASE OF RISK
If the insurer is informed of an increase in risk during the term of the policy, it may propose a modification of the conditions of the agreement within a period of two months as from the day on which it receives notice of the aggravating circumstance. In this case, the policyholder shall have fifteen days, upon receipt of this proposal, to accept or reject it.
In case of rejection or silence on the part of the policyholder, once said period has elapsed, the insurer may terminate the agreement providing prior notice to the policyholder and giving him/her a new period of fifteen days to respond, following which, and within the next eight days, it shall inform the policyholder of the definitive termination of said agreement.
In addition, the insurer may terminate the policy notifying the insured of this decision in writing within one month from the day on which it received notice of the increase in risk.
12. CONSEQUENCES OF NOT REPORTING AN INCREASE IN RISK
If a claim occurs and no increase in risk is reported, the insurer shall be released of its obligations to provide benefits if the insurance policyholder or insured have acted in bad faith. Otherwise, the benefits provided by the insurer will be reduced based on the proportional difference between the accorded premium and that which would have been applied had the true magnitude of the risk been known.
In case of an increase in the risk during the valid term of the policy giving rise to a higher premium, when the agreement is terminated for this reason, if said increase is attributable to the insured, the entirety of the collected premium shall correspond to the insurer. If the aggravating circumstance is the result of causes beyond the control of the insured, he/she shall be entitled to the reimbursement of the portion of the paid premium corresponding to the period of the annuity underway yet to elapse.
13. IN CASE OF DECREASE IN RISK
The insurance policyholder or insured may, over the valid term of the agreement, inform the insurer any circumstances that decrease the risk and are of such a nature that, had they been known by the latter when the agreement was drawn up, it would have been executed under more favourable conditions for the policyholder.
At all times, upon finalisation of the insurance period covered by the premium, the insurer shall reduce the cost of the future premium by the corresponding proportion, and, should it not, the policyholder shall be entitled to cancel the policy and to receive a reimbursement of the difference between the paid premium and that which would have corresponded to him/her to pay from the moment when the insurer was informed of the decrease in the risk.
14. IN CASE OF PROCESSING
In case of transfer of the insured object, the purchaser subrogates, as of the moment of the alienation, the rights and obligations that corresponded to the previous policyholder.
The insured must inform the purchaser in writing of the existence of the policy for the transferred object. Once the transfer has been verified, he/she must also inform the insurer or representatives thereof in writing within a period of fifteen days.
The purchaser and the previous titleholder, or, in case of his/her demise, his/her heirs, shall be jointly and severally liable for the payment of the premiums due at the time of transfer.
The insurer may terminate the contract within a period of 15 days from the date it becomes aware of the verified transfer. Once it has exercised its rights and notified the purchaser in writing, the insurer is under obligation for a period of one month from the notification date. The insurer must reimburse the portion of the premium corresponding to the insurance term for which, as a consequence of the termination, it has not borne any risk.
The purchaser of the insured object may also terminate the agreement by providing written notice to the insurer within a period of fifteen days upon learning of its existence. In this case, the insurer is entitled to collect the premium corresponding to the period that has elapsed up to the moment of the termination of the agreement.
These underwriting rules shall govern in the case of the death of the insurance policyholder or the insured and, the bankruptcy of one of them being declared, in the case liquidation proceedings are initiated.
15. DEXECUTION AND EFFECTS OF THE AGREEMENT
The insurance agreement is executed by consent, as evidenced through the subscription of the policy or the provisional cover document by the parties hereto. The contracted cover and any modifications or additions made thereto shall not come into force until the receipt for the premium has been paid, unless agreed otherwise in the policy’s schedule.
In case of delay in meeting these requirements, the obligations of the insurer shall begin as of midnight on the day on which both have been met.
16. PERIOD OF COVER OF THE INSURANCE
The policy’s covers shall come into force as of the date and time indicated in the schedule thereof.
Upon expiration of the period indicated in the schedule of the policy, it shall be construed as having been extended for a period of one year, and so on, successively, with the expiration of each annuity.
The amount of the applicable fees and/or premiums shall be generally reviewed each year by the insurer based on the principles of equity and adequacy established in the Insurance Contract Act. The criteria to determine the new premium will be backed by actuarial studies based on the following factors:
a. Costs of claims.
b. Frequency of claims.
c. Cost of processing claims.
In these cases, the company shall inform the policyholder of the increase at least two months prior to the termination of the agreement. If the insured does not accept the increase in the premium, the company may refuse to renew the agreement for the next period of cover.
Both parties may oppose the extension of the agreement by providing written notice to the other party at least two months before the conclusion of the insurance period currently underway. The tacit extension is not applicable to insurance taken out for periods of less than one year.
17.PAYMENT OF THE PREMIUM
1. Time of payment
The policyholder must pay the first premium or sole premium upon execution of the agreement. Any subsequent premiums shall be paid on their corresponding due dates.
If the policy is not to come into force immediately, the policyholder may delay payment of the premium until the policy is to come into force.
2. Place of payment
Should no place for the payment of the premium be stipulated in the policy’s schedule, it shall be understood that the payment is to be made at the policyholder’s residence.
3. Consequences of non–payment of the premium
If, because of the policyholder, the first premium is not paid, or the sole premium has not been paid by its maturity, the insurer shall be entitled to terminate the agreement or demand the enforced payment of the owed premium based on the policy. At all times, and unless agreed otherwise in the schedule, if the premium has not been paid before an accident occurs, the insurer shall be released from its obligations.
In case of failure to pay any of the following premiums, the insurer’s cover shall be suspended one month after the date it came due. If the insurer does demand payment within a period of six months following the date a premium comes due, the agreement shall be understood to have been terminated.
When the agreement is suspended, the insurer may only demand payment of the premium underway at the time.
If the agreement has not been resolved or terminated in accordance with the previous paragraphs, the policy’s cover shall come into force again at midnight on the day the policyholder pays the premium.
18. CLAIMS PROCESSING
1. In case of claims due to risks guaranteed by the policy, except for theft with violence, theft with intimidation and liability
As soon as the accident occurs, the policyholder or insured shall employ all means at his/ her disposal to save the insured property and reduce the effects of the accident.
The insurance policyholder, the insured or the beneficiary shall inform the insurer of the occurrence of the claim within a maximum period of seven days from the date they became aware of it, and the insurer may file a claim for the damage caused by any failure to make this declaration, except when it can be shown that it had knowledge of the claim through other means.
The policyholder or the insured must also inform the insurer and the legal authorities, if applicable, about where the claim occurred, the date and time of the claim, its duration, any known or presumed causes, the means used to reduce the effects thereof, the circumstances under which it occurred, the type of property that was damaged and the approximate cost of any damage derived therefrom.
The policyholder or the insured must send the insurer an authentic copy of the proceedings of the legal declaration within a period of five days, as of his/her notification, accompanied by the list of all of the insured property existing at the time of the accident that was destroyed, deteriorated or salvaged, indicating its value.
2. In the event of an accident due to theft with violence, theft with intimidation, mugging and/or employee disloyalty
In the event of an accident, the insured undertakes to take all measures at his/her disposal to limit or reduce the damage, doing everything in his/her power to recover the property that has disappeared and preserving any evidence of the crime or its perpetrators until the incident has been duly verified.
The policyholder, insured or beneficiary must report claims to the police authorities, as soon as possible, indicating the insurer’s name. The policyholder, the insured or the beneficiary must also inform the insurer within a maximum period of seven days from the date it became known, the insurer being able to claim the damages caused by any failure to make this declaration, except when it can be shown that it had knowledge of the claim by another means.
After the accident and within a period of five days from the notification described in the preceding paragraph, the policyholder or the insured shall inform the insurer in writing the list of objects existing at the time of the accident and the list of those that were saved, indicating their value and the estimate of the damage.
3. In case of an accident leading to claims for liability
The policyholder and the insured shall be obliged to take all measures that favour their defence before the liability claims and must be as diligent in carrying them out as they would in the absence of any insurance. In addition, they shall inform the insurer, immediately upon receipt or, at most, within a period of forty–eight hours, of any legal or administrative notice that comes to their knowledge and might bear any relation to the accident.
Neither the insured, nor the policyholder, nor any other person acting in their name, may negotiate, admit or reject any claim without authorisation from the insurer.
Breach of these obligations shall entitle the insurer to reduce the benefits making the insured participate in the claim according to the extent that he/she worsened the financial consequences of the claim due to his/her behaviour, or, where applicable, to place a claim against the insured for damages.
Should the breach by the policyholder or the insured occur with the manifest intention of misleading or harming the insurer, or should they act fraudulently in collusion with the claimants or the injured parties, the insurer shall be released from its obligation to pay all benefits derived from the accident.
The insurer shall take on the management of all procedures related to the accident, acting in the name of the insured to deal with the injured parties or their entitled dependents, and the insured agrees to collaborate with it. If, due to a lack of collaboration, the possibilities of defending the claim are harmed or reduced, the insurer may place a claim for damages against the insured, proportional to the insured’s blame and the harm suffered.
19. OBLIGATIONS IN CASE OF CLAIMS
The policyholder or the insured must, in addition, provide the insurer with all sorts of information about the circumstances and consequences of the accident. In case of breach of this obligation, the right to the indemnity shall only be lost in the event of gross negligence or wilful misconduct.
If there are various insurers, this notice must be provided to each of them, indicating the names of the others.
The insured may not totally or partially abandon the insured objects, which are in his/ her care and at his/her own risk, and he/she shall take care of any that are left after the accident, whether intact or deteriorated, as well as their related wreckage, packaging, boxes or cases, taking care not to cause any new disappearances or flaws whose cost, in this case, shall be borne by the insured.
Moreover, the policyholder or the insured undertakes to conserve the wreckage and remains of the accident until the valuation of the damage has concluded, except in case of justified material impossibility. This obligation shall not, under any circumstance, give rise to a special indemnity.
The insured must provide the insurer access to the properties on which the accident occurred in order to take as many measures as reasonably necessary to lessen the consequences thereof.
Breach of the salvage obligation set forth in this article shall entitle the insurer to reduce its benefits in accordance with the importance of the damages derived from said breach and the degree of responsibility by the policyholder or insured. If this breach occurs with the manifest intention of harming or misleading the insurer, the latter shall be released from its obligation to provide all benefits derived from the accident.
Costs incurred due to compliance with this obligation, provided that they are not inappropriate or disproportionate to the salvaged property, shall be borne by the insurer for up to the limit set out in the policy, even when these expenses have not had effective or positive results.
It is the insured’s responsibility to prove the pre–existence of the items. Nevertheless, the contents stipulated in the policy shall constitute a presumption in favour of the insured when he/she cannot reasonably provide more adequate proof.
20. APPOINTMENT OF LOSS ADJUSTERS
The insurer shall visit the place where the accident occurred, as soon as possible, through the person it designates to begin the operations to verify the causes of the accident, how it occurred, the declarations contained in the policy and the damage sustained by insured objects.
Should the parties reach an agreement on the cost and method of the indemnity, the terms of Article 23 – Payment of Indemnities shall apply.
If the parties fail to reach an agreement within a period of forty days from receipt of the accident report, each party shall appoint a loss adjuster, whose acceptance of the post shall be recorded in writing.
Once the loss adjusters have been appointed and have accepted their posts, which may not be renounced, they will initiate their tasks.
Should the loss adjusters reach an agreement, this will be reflected in a joint document in which they will record the causes of the claim, the valuation of the damages, any other circumstances that might influence the calculation and proposal for the indemnity.
If either of the parties has not appointed a loss adjuster, it must do so within eight days following the date on which it is requested to do so by the party that has appointed its own and, should it fail to do so in this final period, it shall be understood that it accepts the opinion issued by the other party’s loss adjuster and shall be bound by it.
When no agreement is reached by the loss adjusters, both parties shall appoint a third adjuster by mutual agreement and, in case of disagreement, the appointment shall be made by the judge at the Court of First Instance for the locality where the property is located. In this case, the legal adjuster’s report shall be issued within the period indicated by the parties or, in its absence, in the period of thirty days following acceptance of his/her appointment as the third loss adjuster.
The parties shall be immediately informed of the opinion of the loss adjusters, whether unanimous or majority, by a means beyond all doubt, and it will be binding for them, except when either of the parties legally contests it within a period of thirty days, in the case of the insurer, or one hundred and eighty days, in the case of the insured, both periods counted from the date of said notification. If the corresponding legal action is not taken in said periods, the loss adjusters’ report shall be unassailable.
Each party shall bear the fees of its own loss adjuster. Those of the third adjuster and any additional costs, including the costs incurred to remove debris that may arise from the expert appraisal, shall be borne equally by the insured and the insurer at fifty percent each. However, should either of the parties have made the appraisal necessary by insisting on a manifestly disproportionate valuation of the damage, said party shall be solely liable for these costs.
21. VALUATION OF THE DAMAGE.
The building, including the foundations but not including the value of the site, shall be valued according to the value of new construction at the moment prior to the accident.
The cost of replacing the building shall be construed as including any architect or engineering fees necessary for the reconstruction, although at no time may the indemnity from the insurer exceed the insured sum in the policy for the building.
If the damaged or destroyed building is not useful for the insured or is not repaired, reconstructed or replaced on the site where it had been at the moment prior to the accident, or in case of any significant modification of its original use, the insurer shall appraise the damages based on its real value, bearing in mind the corresponding deduction for use, age and obsolescence, except when its reconstruction cannot be carried out at the same site by legal imperative.
At all times, the difference between the reconstruction value and the real value shall only be indemnifiable when the reconstruction of the damaged building is carried out within two years of the occurrence of the accident.
The moveable goods included in the contents shall be valuated:
– If the insured waives the automatic adjustment of sums insured, according to the realvalue.
– If the insured does not waive the automatic adjustment of sums insured, according to their replacement value as new in the market, without taking into account depreciation due to use or age.
Under no circumstances shall it be applicable in the case of personal computers and their accessories over two years old.
22. CALCULATION OF THE INDEMNITY
The sum insured for each cover represents the maximum limit on the indemnity to be paid by the insurer for each claim.
The insurance may not be the object of unfair enrichment for the insured. To calculate the damage, the value of the insured interest at the moment immediately prior to the claim shall be used.
If, when the claim occurs, the sum insured for each of the covers included in the policy is less than the value of the insured interest, the insurer shall indemnify the damage caused in the same proportion as said sum covers the insured interest.
The parties may exclude the application of the average condition described in the previous paragraph by mutual agreement.
If, when the accident occurs, the insured sum for each one of the covers included in the policy notably exceeds the value of the insured interest, either of the parties hereto may require the reduction of the insured sum and the insurer shall reimburse the surplus from the premium already collected.
When the over–insurance is due to bad faith by the insured the agreement shall be rendered null and void. The insurer may withhold the past due premiums and those for the period underway in good faith.
23. PAYMENT OF INDEMITIES
In the event of an accident, the payment of the indemnity will adhere to the following rules:
If the value of the damage is mutually agreed, the insurer shall pay the agreed sum within a maximum period of five days to begin from the date on which both parties signed the agreement. This shall never be done in detriment to the terms of the next number in this article concerning the obligation of the insurer to pay the minimum sum it is bound to pay.
If the damages were appraised by agreement of the loss adjusters, the insurer shall pay the sum they indicate within a period of five days from the moment both parties agree to and accept the adjusters’ agreement, which act shall cause said agreement to become unassailable.
Should the loss adjusters’ report be challenged, the insurer shall pay the minimum cost of what it might owe, according to the circumstances known to it.
If, in the period of three months following the claim, the insurer has not repaired or indemnified the damage or if, in the forty days following receipt of the claim’s report, it has not proceeded to the payment of the minimum sum it might owe, the indemnity shall be increased due to the default of the insurer with the payment of an annual interest equal to the legal interest on money in force at the time it is paid, increased by 50%.
Nevertheless, once two years have elapsed since the occurrence of the claim, the annual interest may not be less than 20%.
The initial date for the calculation of said interests shall be the date of the claim and the final payment date.
There shall be no indemnity for default by the insurer when the failure to pay the indemnity or the minimum sum is due to a justified cause or cannot be attributed thereto.
The indemnity may be substituted by the repair or replacement of the damaged property when the nature of the insurance so allows and the insured gives his/her consent.
The insurer, before proceeding to the payment of the indemnity, may require the insurance policyholder or the insured to provide documented proof that the damaged property was unencumbered.
For accidents affecting the liability cover, the insurer, within the limits and conditions of the policy, shall pay the indemnity within a maximum period of forty days from the date on which the sum of said indemnity is set by a firm judgment or by the insurer’s recognition of the liability of the insured.
Once the indemnities have been paid, and without need for any other assignment, transfer, deed or order, the insurer is subrogated to the rights, appeals and actions that, as a result of the claim, corresponded previously to the insured, towards any individuals who perpetrated or were liable for the claim, including other insurers, if there are any, for up to the limit of the indemnity.
The insurer may not exercise the rights it has subrogated in detriment to the insured.
The insured shall answer to the insurer for the damages that, with his/her actions or omissions, he/she might cause to the insurer with regard to its right to subrogate.
The insurer shall not be entitled to this subrogation against any party whose actions or omissions might lead to liability on the part of the insured in accordance with the law, nor against the party that caused the claim when said party is a direct or indirect relative of the insured, up to the third civil degree of kinship, or an adoptive parent or adopted child that lives with the insured.
The terms of the preceding paragraph shall have no effect when the liability for the claim stems from a fraudulent action or omission by the insured or when said liability is covered by an insurance agreement. In case of the latter, the subrogation shall be limited to the cover guaranteed by it.
In case of concurrence of the insurer and the insured before a liable third party, any sum obtained shall be attributed to the titleholder of the respective right and, where both parties are titleholders, shall be divided between them in proportion to their respective interests.
The insurer may sue the insured for the cost of the indemnities it has had to pay as a result of the exercise of direct action by the damaged party or the entitled dependents thereof when the damage caused to the third party resulted from wilful misconduct by the insured.
Likewise, the insurer may file a claim for damages caused to it by the insured and/ or the policyholder in the cases and situations set forth in the policy and require the reimbursement of any indemnities it has had to pay to third parties damaged by claims not covered by the insurance.
26. TERMINATION AND NULLITY OF THE AGREEMENT
Should the insured interest or risk disappear during the term of the policy, the insurance agreement shall be terminated, and the insured shall be entitled to the premium that has not been consumed.
The insurance agreement shall be null and void, if, at the time of its conclusion, the risk does not exist or the claim has occurred.
The limitation for the actions derived from the insurance agreement shall be for a term of two years, with regard to insurance for damages, and five years, with regard to insurance for people.
In case of disagreement between the two parties, they may submit their differences to the judgment of arbitrators, in accordance with current legislation.
29.NOTICES AND JURISDITION
All notifications addressed to the insurer by the policyholder or the insured shall be made at the registered offices of the insurer as indicated in the policy. However, if they are made to an insurance agent, they shall have the same effect as if they been made at the aforementioned offices.
Likewise, the payment of the premium receipts by the policyholder to an insurance agent shall be deemed as having been made to the insurer, unless agreed otherwise.
All notifications from the insurer to the policyholder and, where applicable, to the insured, shall be made at their residence, as stated in the policy, unless they have notified the insurer of a change of residence.
This insurance contract shall be subject to Spanish law. Any disputes arising therefrom shall be heard by the competent court corresponding to the insured’s address. If the insured’s address is abroad, the insured shall provide an address in Spain for such purposes.
Notifications sent by an insurance broker to the insurer on behalf of the insurance policyholder shall have the same effects as if they had been sent by the policyholder, unless otherwise stated. The express approval of the insurance policyholder shall be required, at all times, to enter into a new contract or to modify or terminate the insurance contract currently in force.
Written notifications that are rejected, certified notices not picked up at the post office and those that do not reach the addressee due to a change of address without the relevant notice being provided to the insurer, shall have the same effect as if they had been received.
All notifications that must be made as a result of this policy to the insurer by the policyholder, insured or beneficiary may be made by telephone, notwithstanding that the insurer may request written confirmation thereof.
The policyholder or, where applicable, the insured, authorises the insurer to record any telephone conversations they have, if deemed necessary, and use them as a means of proof for any claim that might be filed between the two parties. The policyholder or insured may ask the insurer to provide him/her with a copy or written transcript of the content of the conversations held between them that have been recorded.
30. INDEMNITY CLAUSE.
COVERED BY THE INSURANCE COMPENSATION CONSORTIUM FOR LOSSES DERIVED FROM EXTRAORDINARY EVENTS.
JOINT CLAUSE OF DAMAGE TO PROPERTY AND PERSONS.
Pursuant to that set forth in the revised text of the Legal Statute of the Insurance Compensation Consortium, approved by Royal Decree 7/2004 of 29 October and amended by Act 12/2006 of 16 May, the policyholder of any type of insurance agreement including an obligatory surcharge in favour of the aforementioned public body may arrange for the cover of extraordinary risks with any insurance company that meets the conditions required under current legislation.
The Insurance Compensation Consortium shall pay the indemnities arising from losses sustained as a result of extraordinary events occurring in Spain and affecting risks located therein, when the policyholder has paid the corresponding surcharge in the policy, and they find themselves in any of the following situations:
1. The extraordinary risk covered by the Insurance Compensation Consortium is not covered by the insurance policy taken out with the insurance company.
2. That, even if it is covered by said insurance policy, the insurance company cannot meet its obligations because it has been judicially declared bankrupt or it is subject to compulsory liquidation proceedings or such liquidation has been undertaken by the Insurance Compensation Consortium.
The Insurance Compensation Consortium shall act pursuant to that set forth in the aforementioned Legal Statute, that set forth in the Insurance Contracts Act 50/1980 of 8 October and that stipulated in the Regulations on Extraordinary Risk Insurance, approved by Royal Decree 300/2004 of 20 February and in the additional legal provisions.
I. SUMMARY OF LEGAL REGULATIONS 1. Covered extraordinary events
1. The following natural phenomena: earthquakes and tidal waves, extraordinary floods (including the pounding of waves), volcanic eruptions, atypical cyclonic storms (including extraordinary winds with gusts of more than 120 km/hr and tornados) and the fall of astral bodies and aerolites.
2. Events caused suddenly as a result of terrorism, rebellion, insurrection, riots and civil unrest.
3. Acts or actions of the armed forces or of the security forces and services in times of peace.
2. Excluded risks
a. Those that do not give rise to an indemnity according to the Insurance Contracts Act.
b. Damage and losses caused to people or things insured by insurance agreements other than those that include the obligatory surcharge in favour of the Insurance Compensation Consortium.
c. Those due to inherent faults or defects in the insured object or an evident lack of adequate maintenance.
d. Those caused by armed conflicts, even when no official declaration of war has been made.
e. Those derived from nuclear energy, notwithstanding that set forth in Act 25/1964 of 29 April.
Notwithstanding the foregoing, any indirect damages sustained in an insured nuclear plant shall be understood to be included when such damage occurs as a result of an extraordinary event affecting the plant itself.
f. Those due to the mere passage of time and, in the case of goods that are fully or partially submerged on a permanent basis, those attributable to the mere action of the waves or ordinary currents.
g. Those caused by natural phenomena other than those set forth in Article 1 of the Regulations on Extraordinary Risk Insurance and, in particular, those caused by a rise in the water table, hillside movements, landslides or settlement movements, falling rocks and any other similar phenomena, unless these are evidently caused by the action of rain water that simultaneously caused extraordinary floods in the area.
h. Those derived from commotions caused during the course of meetings and demonstrations carried out according to that set forth in the General Act of Parliament 9/1983 of 15 July, which regulates the freedom of assembly, as well as during the course of legal strikes, unless said actions can be classified as an extraordinary event pursuant to Article 1 of the Regulations on Extraordinary Risk Insurance.
j. Those derived from accidents that occurred during the waiting period stipulated in Article 8 of the Regulations on Extraordinary Risk Insurance.
k. Those occurring prior to payment of the first premium or when, in accordance with that set forth in the Insurance Contracts Act, the cover provided by the Insurance Compensation Consortium has been suspended or the insurance has been terminated due to non–payment of premiums.
l. Indirect damages or losses arising from direct or indirect damages, other than the loss of profits as defined in the Regulations on Extraordinary Risk Insurance. In particular, damages or losses sustained as a result of cuts or alterations in the exterior electricity supply, combustible gases, fuel oil, gas oil and other fluids are not covered, nor are any indirect losses or damages other than those set forth in the previous paragraph, even if these alterations are derived from a reason included in the cover of extraordinary risks.
m. Accidents that, due to their magnitude or severity, are classified as a “catastrophe or national disaster” by the Spanish government.
In the case of direct damages (except vehicles, homes and homeowner associations for these homes), the deductible payable by the insured shall be 7% of the cost of the indemnity for the damage caused by the claim. In the case of loss of profits cover, the deductible payable by the insured shall be that set forth in the insurance policy for damage caused by ordinary claims that result in a loss of profits.
4. Extension of the cover
The cover of extraordinary risks shall extend to the same property and sums insured as those stipulated in the policies regarding ordinary risks. Notwithstanding the above, in policies that cover own damage to motor vehicles, the Consortium guarantees the full insured interest, even though the ordinary policy only does so partially.
PROCEDURE TO FOLLOW IN THE EVENT OF A CLAIM COVERED BY THE INSURANCE COMPENSATION CONSORTIUM
In the event of a claim, the insured, policyholder, beneficiary or their respective legal representatives must report said claim, either directly or through the insurance company or insurance agent, within a period of seven days of receiving knowledge of it, to the relevant regional office of the Consortium, depending on the place where the claim occurred.
The notice shall be drawn up on the form established for such purposes, which is available from the Consortium’s webpage www.consorseguros.es or from the Consortium’s offices or the insurance company. The documents that are required according to the nature of the damage must be attached to this www.consorseguros.es.
In addition, the insured must keep the wreckage or remains of the claim for expert appraisal or, in case of the absolute impossibility to do so, provide documents that serve as proof of the damages, such as photographs, notary documents, videos or official certificates. Likewise, any invoices relating to damaged goods, the destruction of which cannot be put off, must also be kept.
All necessary measures to reduce the damage must be adopted.
The valuation of the losses derived from extraordinary events shall be carried out by the Insurance Compensation Consortium, without being bound to any valuations that, if applicable, were carried out by the insurance company covering ordinary risks.
To clarify any doubts that may arise regarding the procedure to be followed, the Insurance Compensation Consortium offers the following telephone service for the insured: 902 222 665.
LIBERTY SEGUROS, Compañía de Seguros y Reaseguros, S.A. Domicilio Social: Obenque 2, 28042 – Madrid. R.M. de Madrid, T. 21.275, L.O, F. 83, S. 8, H. M-377.257, I. 15- C.I.F.: A-48/037642
The member state that controls the insurance activity of the company is Spain, and the controlling authority is the Directorate General for Insurance and Pension Funds of the Ministry of Economy and Treasury.
Applicable Legislation: The Insurance Contracts Act 50/80 and the revised text of the Regulation and Supervision of Private Insurance Act, approved by Royal Decree 2004/29 of 29 October and the regulations set forth therein.
The insurance company LIBERTY SEGUROS, Compañía de Seguros y Reaseguros, S.A. has its registered address at C/ Obenque 2, Madrid, Spain.
CUSTOMER CLAIM AND PROTECTION REQUESTS
LIBERTY SEGUROS has a Customer Service Department and a Customer Ombudsman to handle and resolve complaints and claims arising from actions by the Company itself or by banking and insurance operators, in accordance with the procedure set forth in Order ECO 734/2004 of 11 March.
– Customer Service Department. C/ Obenque 2, 28042 Madrid. Fax: 91 301 79 98. e-mail: firstname.lastname@example.org
– Customer Ombudsman. C/ Marqués de la Ensenada 2, 6a planta, 28004 Madrid. Fax: 91 308 49 91. e-mail:email@example.com
All complaints and claims will be handled and resolved within a period of two months after being submitted. After this period has elapsed and having received no response, or in the event of disagreement, the claimant may address the Commissioner for the Defence of Insurance Policyholders and Participants in Pension Plans. Po de la Castellana 44, 28046 Madrid. For the resolution of conflicts in court, the court in the policyholder’s city of residence will hold jurisdiction.
The Regulations for Customer Defence are available to customers at offices of the Companies within the Liberty Group, which detail the procedures for handling complaints and claims. These regulations are also available on the website: www.libertyseguros.es, or from your insurance agent.