Areas of Activity
Extraordinary Risk Insurance
Consorcio compensates the damages produced by some natural and human-made hazards on insured properties and individuals in the Spanish market.
Consorcio compensates the damages produced by some natural and human-made hazards on insured properties and individuals in the Spanish market.
All losses to be compensated by Consorcio must be assessed by the loss adjusters designated for that purpose by Consorcio.
Starting from the point that the coverage of these risks should include the same insured properties and individuals, and for an identical sum insured as that established by the other risks contemplated in the ordinary insurance policy, the compensation provided by Consorcio will consist of the costs of repair or replacement of the damaged items (in the case of automobiles, the corresponding market value immediately prior to the occurrence in the case of a total loss), and on the basis of the amount that figures as the sum insured in the insurance policy contracted with the original (private) insurer. The opt-in agreements included in the policy will also be taken into account ("replacement value as new", "first loss basis", o "with a limit of indemnity", etc.).
It should be noted that in the event of direct damages, Consorcio will apply compensation for those sums corresponding within the same policy for contents and container.
Likewise, the proportional rule will apply in the event of under-insurance, although for these purposes all of the sums insured for the damaged properties will be taken into account even though they are in different policies that carry a Consorcio surcharge.
The costs of mud clearance and extraction, demolition, removal of debris and transportation to a dump or authorised waste disposal site can be compensated, with a joint limit of 4 percent of the sum insured. Excluded from these indemnifiable expenses are those of cleaning and clearing public river beds, canals, reservoir basins or ditches and the dredging of sea beds; the drainage of infrastructure works as well as those deriving from the fees of the professionals designated by the insured to carry out the adjustment of the loss.
The terms of the cover with regard to the quantification and indemnification of loss of profits will be those set out in the ordinary policy.
In the case of insurance personal injury there will be no deductibles applied, whereas in the case of property policies, and when the losses are the result of direct damage, there will be a deductible of 7 percent of the amount of the indemnifiable damage. However, this deductible will not apply to damage to automobiles covered by a motor insurance policy in all its forms (damage themselves and, as of July 2016, which also only cover civil liability), as well as to damage to residential properties.
In the case of loss of profits, the deductible which is for the insured's account will be that established in the original policy, be it in terms of time or amount, for losses that are the result of ordinary loss of profits claims. Should there be different deductibles for ordinary business interruption claims; those established for the main cover will apply.
TThe deductibles will be applied to every loss and every risk situation to which the items subject to the insurance cover are exposed.
The coverage of extraordinary risks as foreseen by the Law is considered to be the minimum obligatory protection, for which reason, if the risks are covered by an insurance company then a lower deductible might be applied or there may even be no deductible applied. However, if the private policy does not pick up the cover and it is the Consorcio that picks it up, then the above deductibles will always apply. In this case, the insurance entity that issued the ordinary policy may, should it so wish, void the effects of the deductible and assume responsibility for it and it alone, without this signifying that the private insurance entity is covering extraordinary risks or therefore, that the actuation of the Consorcio is excluded.
(See Order ECC/2845/2015, of 23 December, which approves the applicable deductibles to be applied by Consorcio de Compensación de Seguros related to the Extraordinary Risk Insurance.)