Surcharges according to the branch of insurance

Surcharge types

The Consorcio's surcharges, in activities different to those of Environmental Liability, cover both Life and Non-Life insurance.

The following are surcharges in favour of the Consorcio de Compensación de Seguros:

  1. Surcharge to cover Extraordinary Risks (ER): Direct Insurance of Property Damage and Personal Injury.
  2. Surcharge to cover Extraordinary Risks: Business Interruption (BI).
  3. Surcharge for the Compulsory Third Party Liability Motor Car Insurance (MTPL).
  4. Surcharge used to fund the winding-up activity of Insurance Undertakings.

The abovementioned surcharges must be collected by the insurance companies, along with their premiums; settling and paying them later to the Consorcio according to the procedure described in the "Sistema de Información de Recargos ¿SIR-" section.

SUBJECTED LINES AND SURCHARGE RATE APPLIED

Under this heading the different risks with compulsory surcharge in favour of the Consorcio are described, according to Articles No. 7 to 14 of its Legal Status.

Subjected fields and surcharge rate applied
LINE NAME CONSORCIO SURCHARGE MODEL
00 LIFE ER Personal Injury 10
Death cover
00 LIFE NOT SUBJECT -
Death is not the principal cover. (2)
- LIFE with Disablement or incapacity cover    
For any reason ER Personal Injury 10
Independent or complementary to LIFE Winding-up activity 50
01 ACCIDENTS ER Personal Injury 10
Winding-up activity 50
02 ILLNESS Winding-up activity 50
(Including health care)
03 LAND VEHICLES (BI) ER Property Damage 10
(not railways) Winding-up activity 50
04 RAILWAY VEHICLES (BI) ER Property Damage 10
Winding-up activity 50
05 AIRCRAFT Winding-up activity 50
06 SEA, LAKE AND RIVER CRAFTS Winding-up activity 50
07 MERCHANDISE TRANSPORTED Winding-up activity 50
(including luggage)
08 FIRE AND NATURAL ELEMENTS (BI) ER Property Damage 10
Winding-up activity
09 OTHER DAMAGE TO PROPERTY (including hail, freezing and theft) and Agricultural Insurance (excluding Combined Agricultural Insurance) (BI) ER Property Damage 10
Winding-up activity 50
10 CIVIL LIABILITY ARISING FROM ROAD TRAFFIC ER Property Damage (From 01/07/2016) 10
MTPL 20
Winding-up activity 50
11 CIVIL LIABILITY ARISING FROM AIR TRAFICC Winding-up activity 50
12 CIVIL LIABILITY ARISING FROM THE USE OF LACUSTRINE, MARITIME AND RIVER CRAFT Winding-up activity 50
13 GENERAL CIVIL LIABILITY Winding-up activity 50
14 CREDIT Winding-up activity 50
15 GUARANTEE COVER Winding-up activity 50
16 SUNDRY PECUNIARY LOSSES the cause of which originates from: Fire, Theft, Explosion, Atmospheric Phenomena, Machinery Breakdown ER Pecuniary Losses 11
Winding-up activity 50
16 SUNDRY PECUNIARY LOSSES Winding-up activity 50
Which cause is not included above
17 LEGAL DEFENCE Winding-up activity 50
18 ASSISTANCE Winding-up activity 50
19 DEATH Winding-up activity 50

(1) The classification of the risks by lines in the direct insurance other than life insurance is that established by the Law on Arrangement, supervision and solvency of insurance and reassurance companies.

(2) Life Insurance that does not mainly guarantee the risk of death. It is understood that a Life Insurance Policy mainly guarantees the risk of death if the capital in risk at any time exceeds 25% of the mathematical provision that the insurance company that had issued the policy must have constituted in accordance with the regulating standards of private insurance policies.

In order to fund them, the Law establishes the following surcharges:

These surcharges, in favour of the Consorcio in its winding-up, loss compensation and guarantee fund functions, are revenues from public right that are demandable by the urgent administrative route when they have not been paid in by the insurance companies within the set deadline, the certificate for non-payment issued by the Director-General of Insurance and Pension Funds is the enforceable title, requested for this purpose by the Consorcio.

From the moment they start their activity in Spain, insurance companies have therefore the obligation to collect the surcharges and pay them to the Consorcio.