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Resolution Of May 2016, The Direccion General De Seguros, 31 Amending That Of 27 November 2006 Establishing The Surcharges Are Approved For The Consortium Of Insurance Compensation Regarding He...

Original Language Title: Resolución de 31 de mayo de 2016, de la Dirección General de Seguros y Fondos de Pensiones, por la que se modifica la de 27 de noviembre de 2006, por la que se aprueban los recargos en favor del Consorcio de Compensación de Seguros en materia de se...

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y floods, including those produced by sea attacks; volcanic eruptions; atypical cyclonic storms (including winds extraordinary gusts of more than 120 km/h and tornadoes); and falls of steel and steel bodies.

(b) The violently occasioned as a result of terrorism, rebellion, sedition, mutiny and popular tumult.

c) Facts or actions of the Armed Forces or the Forces and Security Corps in time of peace.

Atmospheric and seismic phenomena, volcanic eruptions and falling steel bodies will be certified, at the request of the Insurance Compensation Consortium, through reports issued by the State Agency of Meteorology (AEMET), the National Geographic Institute and other relevant public bodies. In cases of political or social events, as well as in the event of damage caused by acts or actions of the Armed Forces or the Security Forces or Security Corps, the Insurance Compensation Consortium may request information from the competent judicial and administrative bodies on the facts.

2. Risks excluded

(a) Those who do not give rise to compensation under the Insurance Contract Act.

(b) Incurred in goods secured by insurance contract other than those in which the surcharge in favour of the Insurance Compensation Consortium is mandatory.

c) Due to vice or default of the insured thing, or to its manifest lack of maintenance.

d) Those produced by armed conflicts, even if the official declaration of war has not been preceded.

e) Nuclear energy derivatives, without prejudice to the provisions of Law 12/2011 of 27 May on civil liability for nuclear damage or produced by radioactive materials. Notwithstanding the above, if all the direct damage caused by a secured nuclear installation is to be included, where they are the result of an extraordinary event affecting the installation itself.

(f) Due to the mere action of time, and in the case of goods wholly or partially submerged permanently, imputable to the mere action of the waves or ordinary currents.

g) Those produced by phenomena of a nature other than those referred to in paragraph 1 (a) above, and in particular those produced by elevation of the water level, slope movement, sliding or settlement of land, rocks and similar phenomena, except where these were clearly caused by the action of the rainwater which, in turn, would have caused an extraordinary flood situation in the area and would be simultaneous character of such flooding.

(h) Those caused by tumultuous actions produced in the course of meetings and demonstrations carried out in accordance with the provisions of the Organic Law 9/1983, of July 15, regulating the right of assembly, as well as during the course of legal strikes, unless such actions could be described as extraordinary events as referred to in point 1.b) above.

i) Those caused by the insured's bad faith.

(j) derivatives of claims for natural phenomena that cause damage to pecuniary property or loss when the date of issue of the policy or effect, if later, does not precede seven calendar days of the date on which it has the accident occurred, unless the impossibility of prior contracting of the insurance for non-interest insurable is demonstrated. This period of absence shall not apply in the case of replacement or replacement of the policy, in the same or other entity, without a continuity solution, except in the part that is subject to increase or new coverage. It shall also not apply for the part of the insured capital resulting from the automatic revaluation provided for in the policy.

k) Those relating to claims produced prior to the payment of the first premium or where, in accordance with the provisions of the Insurance Contract Act, the insurance coverage of the Insurance Compensation Consortium is suspended or the insurance is extinguished for non-payment of the premiums.

(l) Indirect or indirect losses arising from direct or indirect damages, other than pecuniary losses as defined as indemnable in the Extraordinary Risk Insurance Regulation. In particular, damage or losses suffered as a result of cutting or altering the external supply of electrical energy, combustible gases, fuel oil, diesel, or other fluids, or any other fluids, are not included in this coverage. indirect losses or losses other than those referred to in the preceding paragraph, even if these changes result from a cause included in the coverage of extraordinary risks.

m) The claims that the magnitude and gravity of which are described by the Government of the Nation as a "national disaster or calamity".

3. Franchise

The franchise in charge of the insured will be:

(a) In the case of direct damages, in the insurance against damage to the things the franchise in charge of the insured will be of a seven percent of the amount of damages damages produced by the accident. However, no allowance shall be made for any relief from damage to housing, to communities of homeowners, or to vehicles which are insured under a motor insurance policy.

b) In the case of loss of profits, the allowance in charge of the insured shall be the same as provided for in the policy, in time or in amount, for damages resulting from ordinary claims of loss of profits. If there are different franchises for the coverage of ordinary claims for loss of profit, the provisions for the main coverage shall apply.

(c) Where a combined allowance for damages and loss of profits is established in a policy, the Insurance Compensation Consortium shall liquidate the material damages resulting from the allowance corresponding to the application of the provisions of paragraph (a) above, and the loss of profits produced by deduction of the allowance established in the policy for the principal cover, which is reduced in the allowance applied in the liquidation of the damages materials.

4. Coverage Extension

1. The coverage of the extraordinary risks shall reach the same assets and the same insured sums as have been established in the insurance policies for the purpose of the coverage of the ordinary risks.

2. However, the above:

(a) In policies that cover damage to motor vehicles by motor vehicles, the coverage of extraordinary risks by the Insurance Compensation Consortium shall guarantee the entire insurable interest even if the ordinary policy is only Do this partially.

(b) Where vehicles are only provided with a civil liability policy in motor vehicles, the coverage of extraordinary risks by the Insurance Compensation Consortium shall ensure the value of the vehicle. vehicle in the state in which it is located imnot covered by the insurance policy contracted with the insurer.

(b) That, while being covered by the insurance policy, the insurance obligations of the insurance undertaking may not be fulfilled because it has been declared judicially in competition or is subject to a winding-up procedure. taken or assumed by the Insurance Compensation Consortium.

The Insurance Compensation Consortium will adjust its performance to the provisions of the aforementioned Statutory Statute, in Law 50/1980 of 8 October of the Insurance Contract, in the Extraordinary Risk Insurance Regulation, approved by Royal Decree 300/2004 of 20 February and in the supplementary provisions.

Summary of legal rules

1. Extraordinary events covered

a) The following phenomena of nature: earthquakes and tidal waves; extraordinarld have been managed.

2. The communication of the damage and the obtaining of any information relating to the procedure and the state of processing of the claims may be carried out:

− Using the Call Center of the Insurance Compensation Consortium (952 367 042 or 902 222 665).

− Through the Insurance Compensation Consortium website (www.consorseguros.es).

3. Assessment of damages: The assessment of damages resulting from compensation under the insurance legislation and the content of the insurance policy shall be carried out by the Insurance Compensation Consortium, without the Insurance Compensation Consortium being bound by the assessments which, if appropriate, have been carried out by the insurance undertaking covering the ordinary risks.

4. Payment of compensation: The Insurance Compensation Consortium shall make the payment of the compensation to the insurance beneficiary by bank transfer.

ANNEX II.C

Compensation clause by the Insurance Compensation Consortium for losses arising from extraordinary events in insurance with combined damages to persons and property and civil liability in Motor vehicle vehicles

Pursuant to the recast text of the Legal Statute of the Insurance Compensation Consortium, approved by the Royal Legislative Decree 7/2004 of 29 October, the holder of an insurance contract of which It is mandatory to include a surcharge in favour of the said business public entity has the power to agree to the cover of the extraordinary risks with any insurer that meets the conditions required by the legislation in effect.

Indemnities arising from claims arising from extraordinary events in Spain and affecting risks in Spain and, in the case of damage to persons, also those occurring abroad when the insured person has his habitual residence in Spain, they will be paid by the Insurance Compensation Consortium when the taker has satisfied the corresponding surcharges in his favor and there are any of the following situations:

(a) That the extraordinary risk covered by the Insurance Compensation Consortium is not covered by the insurance policy contracted with the insurer.

(b) That, while being covered by the insurance policy, the insurance obligations of the insurance undertaking may not be fulfilled because it has been declared judicially in competition or is subject to a winding-up procedure. taken or assumed by the Insurance Compensation Consortium.

The Insurance Compensation Consortium will adjust its performance to the provisions of the aforementioned Statutory Statute, in Law 50/1980 of 8 October of the Insurance Contract, in the Extraordinary Risk Insurance Regulation, approved by Royal Decree 300/2004 of 20 February and in the supplementary provisions.

Summary of legal rules

1. Extraordinary events covered

a) The following phenomena of nature: earthquakes and tidal waves; extraordinary floods, including those produced by sea attacks; volcanic eruptions; atypical cyclonic storms (including winds extraordinary gusts of more than 120 km/h and tornadoes); and falls of steel and steel bodies.

(b) The violently occasioned as a result of terrorism, rebellion, sedition, mutiny and popular tumult.

c) Facts or actions of the Armed Forces or the Forces and Security Corps in time of peace.

Atmospheric and seismic phenomena, volcanic eruptions and falling steel bodies will be certified, at the request of the Insurance Compensation Consortium, through reports issued by the State Agency of Meteorology (AEMET), the National Geographic Institute and other relevant public bodies. In cases of political or social events, as well as in the event of damage caused by acts or actions of the Armed Forces or the Security Forces or Security Corps, the Insurance Compensation Consortium may request information from the competent judicial and administrative bodies on the facts.

2. Risks excluded

(a) Those who do not give rise to compensation under the Insurance Contract Act.

(b) Incurred in goods secured by insurance contract other than those in which the surcharge in favour of the Insurance Compensation Consortium is mandatory.

c) Due to vice or default of the insured thing, or to its manifest lack of maintenance.

d) Those produced by armed conflicts, even if the official declaration of war has not been preceded.

e) Nuclear energy derivatives, without prejudice to the provisions of Law 12/2011 of 27 May on civil liability for nuclear damage or produced by radioactive materials. Notwithstanding the above, if all the direct damage caused by a secured nuclear installation is to be included, where they are the result of an extraordinary event affecting the installation itself.

(f) Due to the mere action of time, and in the case of goods wholly or partially submerged permanently, imputable to the mere action of the waves or ordinary currents.

g) Those produced by phenomena of a nature other than those referred to in paragraph 1 (a) above, and in particular those produced by elevation of the water level, slope movement, sliding or settlement of land, rocks and similar phenomena, except where these were clearly caused by the action of the rainwater which, in turn, would have caused an extraordinary flood situation in the area and would be simultaneous character of such flooding.

(h) Those caused by tumultuous actions produced in the course of meetings and demonstrations carried out in accordance with the provisions of the Organic Law 9/1983, of July 15, regulating the right of assembly, as well as during the course of legal strikes, unless such actions could be described as extraordinary events as referred to in point 1.b) above.

i) Those caused by the insured's bad faith.

(j) derivatives of claims for natural phenomena that cause damage to pecuniary property or loss when the date of issue of the policy or effect, if later, does not precede seven calendar days of the date on which it has the accident occurred, unless the impossibility of prior contracting of the insurance for non-interest insurable is demonstrated. This period of absence shall not apply in the case of replacement or replacement of the policy, in the same or other entity, without a continuity solution, except in the part that is subject to increase or new coverage. It shall also not apply for the part of the insured capital resulting from the automatic revaluation provided for in the policy.

k) Those relating to claims produced prior to the payment of the first premium or where, in accordance with the provisions of the Insurance Contract Act, the insurance coverage of the Insurance Compensation Consortium is suspended or the insurance is extinguished for non-payment of the premiums.

(l) In the case of damage to property, indirect or indirect losses arising from direct or indirect damages, other thathematical provision shall be satisfied by the aforementioned insurance undertaking.

Damage Communication to the Insurance Compensation Consortium

1. The claim for damages the coverage of which corresponds to the Insurance Compensation Consortium shall be made by means of communication by the policyholder, the policyholder or the beneficiary of the policy, or by whom it acts on behalf of and name of the former, or by the insurance undertaking or the insurance intermediary whose intervention the insurance woun the financial losses defined as indemnable in the Extraordinary Risk Insurance Regulation. In particular, damage or losses suffered as a result of cutting or altering the external supply of electrical energy, combustible gases, fuel oil, diesel, or other fluids, or any other fluids, are not included in this coverage. indirect losses or losses other than those referred to in the preceding paragraph, even if these changes result from a cause included in the coverage of extraordinary risks.

m) The claims that the magnitude and gravity of which are described by the Government of the Nation as a "national disaster or calamity".

n) In the case of civil liability in automobile land vehicles, the personal damages arising from this coverage.

3. Franchise

I. The allowance in charge of the insured shall be:

(a) In the case of direct damages, in the insurance against damage to the things the franchise in charge of the insured will be of a seven percent of the amount of damages damages produced by the accident. However, no allowance shall be made for any relief from damage to housing, to communities of homeowners, or to vehicles which are insured under a motor insurance policy.

b) In the case of loss of profits, the allowance in charge of the insured shall be the same as provided for in the policy, in time or in amount, for damages resulting from ordinary claims of loss of profits. If there are different franchises for the coverage of ordinary claims for loss of profit, the provisions for the main coverage shall apply.

(c) Where a combined allowance for damages and loss of profits is established in a policy, the Insurance Compensation Consortium shall liquidate the material damages resulting from the allowance corresponding to the application of the provisions of paragraph (a) above, and the loss of profits produced by deduction of the allowance established in the policy for the principal cover, which is reduced in the allowance applied in the liquidation of the damages materials.

II. No deduction shall be made in respect of persons insurance.

4. Coverage Extension

1. The coverage of the extraordinary risks shall reach the same goods or persons, as well as the same insured sums as have been established in insurance policies for the purposes of the coverage of the ordinary risks.

2. However, the above:

(a) In policies that cover damage to motor vehicles by motor vehicles, the coverage of extraordinary risks by the Insurance Compensation Consortium shall guarantee the entire insurable interest even if the ordinary policy is only Do this partially.

(b) Where vehicles are only provided with a civil liability policy in motor vehicles, the coverage of extraordinary risks by the Insurance Compensation Consortium shall ensure the value of the vehicle. vehicle in the state in which it is located immediately prior to the occurrence of the casualty according to the general purchase prices accepted on the market.

c) In life insurance policies that according to the provisions of the contract, and in accordance with the regulatory regulations of private insurance, generate mathematical provision, the coverage of the Compensation Consortium Insurance shall cover the risk capital for each insured person, that is, the difference between the sum insured and the mathematical provision which the insurance institution which issued it must have constituted. The amount corresponding to the mathematical provision shall be satisfied by the aforementioned insurance undertaking.

Damage Communication to the Insurance Compensation Consortium

1. The claim for damages the coverage of which corresponds to the Insurance Compensation Consortium shall be made by means of communication by the policyholder, the policyholder or the beneficiary of the policy, or by whom it acts on behalf of and name of the former, or by the insurance undertaking or the insurance intermediary whose intervention the insurance is to be managed.

2. The communication of the damage and the obtaining of any information relating to the procedure and the state of processing of the claims may be carried out:

− Using the Call Center of the Insurance Compensation Consortium (952 367 042 or 902 222 665).

− Through the Insurance Compensation Consortium website (www.consorseguros.es).

3. Assessment of damages: The assessment of damages resulting from compensation under the insurance legislation and the content of the insurance policy shall be carried out by the Insurance Compensation Consortium, without the Insurance Compensation Consortium being bound by the assessments which, if appropriate, have been carried out by the insurance undertaking covering the ordinary risks.

4. Payment of compensation: The Insurance Compensation Consortium shall make the payment of the compensation to the insurance beneficiary by bank transfer. "

Third. Adjustment regime.

1. The modification of the charge for surcharges and the coverage clauses to be inserted in the insurance policies will take effect from 1 July 2016, applying both to the new insurance contracts and to the renewals of the insurance policies. contracts that take place from that date.

2. In the case of renewals of motor insurance policies without coverage of own damage occurring as from 1 July 2016, the insurance institutions shall inform the taker, on the occasion of the first renewal, of the inclusion of the of the coverage of extraordinary risks. Such information shall be clearly stated in the receipt of the premium for such renewal or by any means through which the insurance undertaking regularly communicates with the taker.

3. The coverage clauses by the Insurance Compensation Consortium for extraordinary risks shall be included, at the latest, in the new insurance contracts to be concluded from 30 June 2017. In other contracts, before that date, the insurance institutions shall send to the taker the said clauses or inform him, by any means through which they regularly communicate with the taker. Insurance entities and the Insurance Compensation Consortium will advertise the clauses on their websites.

Fourth. Effectiveness.

This resolution shall have effect from the day following that of its publication in the "Official State Gazette".

Madrid, May 31, 2016. -Director General of Insurance and Pension Funds, Maria Flavia Rodriguez-Ponga Salamanca.