Spanish Commercial Code

Title VII

Marine insurance

§ 1. General rulesSection One. Scope

Section 1158. Apply to the insurance referred to in this title, the provisions in Articles 512 and following up to 560, inclusive, except for those matters that the title regulate otherwise.

Section 1159. The rules of this Title shall apply in the absence of the stipulations of the parties, except in matters in which the rule is expressly imperative.

Section 1160. Marine insurance may cover:

1. O A ship or vessel, fittings, and fixed or moving objects, regardless of where they are even under construction;

2. ° Goods or any other kind of property which may suffer risks of maritime, river or lake;

3. ° The value of freight and disbursements incurred by those organizing an expedition at sea, or

4. ° The responsibility of a ship or other object, for damages that may result against third parties as a result of use or navigation.

Section 1161. Generally, marine insurance are intended to indemnify the insured for loss or damage that may occur to the insured for the risks involved in a maritime adventure, river, lake, or inland waterways.

Section 1162. The adventure and its extent depend on what the parties stipulated in the insurance contract.

However, in the absence of any stipulation to the contrary, including the risk understand the dangers arising or that may occur as a result of browsing or being the ship or vessel in port or in detention, including in this concept the dangers of weather conditions, fire, pirates, thieves, robbers, catch, shipwrecks, groundings, collisions, forced change of route, boarding, looting, seized by order of the administrative authority to order withholding foreign power, retaliation, and in general all acts of God occurring in the sea or other means.

Any exceptions to the risks identified in the preceding paragraph shall be expressly stated in the policy.

Section 1163. In addition to the risks identified in the previous article, the parties may add to the insurance contract may face other risks that the insured, either while in port, dock, sea, rivers, lakes and canals, or when it is not a ship while it is in transit through other means of transport or in storage before or after an expedition ship.

Section Two. Of insurable interest

Section 1164. Marine insurance can take anyone with an interest in conservation of the insured while running the risk of a maritime adventure, whether that interest directly affect their own property or to certain obligations in relation to the insured.

It is understood that a person is interested in a maritime adventure when she is in any legal relationship or possession with respect to property subject to maritime adventure, and as a result of that relationship, that person may be affected with the preservation or good and timely arrival of the thing at the end of the adventure, or could be harmed by damage to or loss, or detention, or incurring a liability in respect of the thing, their damage, loss or theft during the time insured.

Section 1165. The insurer must justify its insurable interest at the time the loss occurs or damage to the insured.

Section 1166. Is void and of no insurance effected after the cessation of the risks if the time of its conclusion, the insured or who hired him, knew of the accident have occurred, or the insurer, the risks they have ceased.

Section 1167. When the insured must pass over custody or property of several people while they are running risks, insurance of goods means held on behalf of whom it may concern, unless the policy provides otherwise.

Section 1168. The benefit of insurance may be assigned or transferred before or after the accident occurred. The transferee will have all the rights that correspond to the transferor in the policy assigned.

The assignment of insurance or the right to compensation shall be subject to the standards prescribed by this Code for the transfer of goodwill, as the person was how widespread the policy.

Section Three. The insurable value

Section 1169. In insurance on ship, the parties may mutually agree the value of the insured in the policy. It is presumed that this has been done, if it is expressly mentioned in the policy value for the insured.

The insurer may, before the conclusion of the contract, that such valuation is made by a naval expert.

Except where fraud is proven either party, the value stated in the policy and shall be deemed as the only true for all purposes of the contract excluding the valuation made of the insured for the sole purpose of determining whether the claim or does not constitute a constructive total loss or assimilated.

Section 1170. If the contract the parties have not entered a value for the subject-matter insured shall apply the provisions of Articles 532, 533 and 535 of this Code.

Section 1171. The sum insured in the transport of things may also comprise the value of them in the port where the expedition begins, all reasonable costs for them to get to your destination, including insurance premium.

However, the sum insured may be up to the amount that can reasonably be obtained from the sale of things, if they come near the place of healthy destination.

If any doubt about the selling price at the destination for loading sound, it may also be established by experts.

Section 1172. Can ensure the value of freight and disbursements incurred by those organizing a maritime expedition, and they can leave to recover for a maritime risk or otherwise expressly covered in the policy.

§ 2. Conclusion of contract

Section 1173. The marine insurance contract means perfected from the time the insurer express in writing their acceptance of the written proposal to hold insurance, as it has been made directly by the proposer or anyone on your behalf. Serve to justify the time the proposal was accepted, the annotations that the insurer has stamped on the proposal cover sheet or other document used to use between insurers, brokers and insurers, for the contract.

Perfected the contract, the insurer shall issue as soon as possible the policy. You will also have the merit of policy, cover note or other document in practice use the insurer to indicate safe conditions have been accepted by him.

Section 1174. In insurance on goods or cargo need not be precise identification of the insured, it may be contracted on behalf of whom it may concern.

When it comes to safety of ship and it is not in contract by the owner, the insurer shall specify in the policy or insurable interest relationship exists between the person to whom it extends the policy and the ship is secured. In any case, this is the date and time they begin to take risks on behalf of the insurer.

Section 1175. When insurance is governed by clauses forms provided by the insurer, or the use is known of the parties, the policy will be enough to make a mention of them, that such clauses are hereby incorporated into the contract. But if any doubt about the interpretation to be given to the specific rules incorporated, they are construed against the one who issued the policy.

§ 3. Obligations and rights of the parties

Section 1176. In the case of the obligations outlined in number 1. Of article 556, the insured must fully inform the insurer before a contract is in all circumstances concerning the risks and aims to ensure it is heard by the insured.

Presumably all circumstances known to the insured that he can not ignore the ordinary course of business.

Also, any relevant statement made by the risks to the broker or the insured to the insurer during the negotiations preceding the contract must be true.

Section 1177. To obtain compensation for a claim, the insured must demonstrate:

1. ° The or events that constitute it. Regarding the origin of the damage or expense, the insured should only list the events that presumably produced it;

2. ° The shipment of the insured, if any;

3. ° The insurance contract, and

4. ° The loss or impairment of the insured.

Section 1178. In case of accident, the insured may bring an action for failure to obtain compensation for damages suffered by the insured or the abandonment, to demand payment of the total sum insured in cases where this Code or the contract so allow.

Section 1179. The insured person may jointly promote the action of abandonment and breakdown, so that the latter stands in the first grant.

Section 1180. The insurer will be liable for any loss or damage resulting from maritime or other risks covered by the policy events.

Also, if not expressly excluded, indemnify the insurer in addition:

1. ° For the contribution of the insured in general average, except if it comes from a risk excluded by insurance, and

2. ° for expenses incurred in order to prevent the object insured suffers damage or lessen its effects, provided the damage is avoided or reduced is covered by the policy.

In any case, the costs can not exceed the indicated value of damage avoided.

Section 1181. The insurer is liable for loss or damage of the insured arising out of fault or misconduct of the captain or crew. It will not be compensated for loss or damage to the hull that comes from intent of the master, unless expressly stated.

Section 1182. The insurer is not liable for losses caused by delay, even one having its origin in a risk covered by the policy, unless expressly so provided.

Section 1183. Unless otherwise agreed, the insurer is not liable for ordinary filtration phenomena, breakage or wear, inherent vice or nature of the insured and other normal transport.

Section 1184. When the loss or damage of the insured comes from several causes, the insurer will be liable if the primary cause or factor is a risk covered by the policy. However, whatever the terms of the contract if it is not possible to establish which was the main cause or if several simultaneous determinants were among them any one that constituted a risk insured, the insurer liable for the damage under the terms stated by the policy.

Section 1185. Correspond to the insurer the burden of proving that the incident has occurred for an event or risk not covered by the policy.

Section 1186. The loss may be total or partial. Any losses not covered by the concepts of total loss or defined in the following articles shall be deemed a partial loss.

Section 1187. The total loss may be real or effective. It can also be assimilated or constructive.

There will be real or actual total loss where the insured object is completely destroyed or so damaged, lost forever fitness for purpose for which it is intended, or when the insured is irretrievably deprived of it. All this is without prejudice to what has been stated in the policy.

Section 1188. If after a reasonable time, have not heard from a ship, is presumed effective and the total loss of cargo.

Section 1189. Unless the policy otherwise provides, there will be assimilated total loss when the subject-matter insured is reasonably abandoned either because the actual total loss appears inevitable or because you can not avoid the loss, without incurring any expenses that exceed the value of the object after the disbursement.

Will be considered a total loss assimilated, especially when:

1. ° When the insured is deprived of the ship or goods due to a risk covered by the policy and is unlikely to recover or the cost of recovery exceeds the value of the vessel or goods after recovery;

2. ° When damage to a ship by an insured peril, be such that the cost of repairs exceeds the value of that ship, once repaired. In estimating the cost of repairs, no deduction shall be made by general average contributions to those repairs, by other interests. But take into account the costs of future salvage operations and of any future general average contribution would affect the ship to be repaired, and

3. ° When the cost of repair and for forwarding to their destination, they exceed the value on the date of arrival at your destination, whether it is damage to goods or cargo.

Section 1190. Unless otherwise provided, the total loss insurance covers both the assimilated total loss as the real or effective.

Section 1191. Unless the policy otherwise provides, the insurer is liable for all losses suffered by the insured during the coverage period, although the amount of all of them exceed the sum insured.

But if a total loss following a partial damage not repaired, the insured may only demand compensation for total loss.

Section 1192. If the insured elects to claim a total loss, the insurer must notify its intention to relinquish. In the absence of such notice, the insurer may bring an action for failure.

Section 1193. If assimilated total loss, the insured shall within three months since he had actual knowledge that the loss had that character, to the insurer written notice of its intention to relinquish.

The expression written communication also includes telegram, telex or other means to record, or provide a record of receiving the message sent.

The notification to the insurer an abandonment action, substitutes for these effects to the notice of abandonment.

The notice or application must indicate unequivocally the intention to relinquish the subject-matter insured unconditionally to the insurer.

Section 1194. The notice of abandonment is not required in the breakdown or accident, by its nature or magnitude, making it impossible for the insurer measures to recover the thing to rescue distressed or decrease the effects of the accident.

Section 1195. The abdication notice interrupts prescription of the actions of the insured against the insurer.

Section 1196. The acceptance of abandonment may be express or inferred from the conduct of the insurer. In any case, its effects can be traced back to the date of receipt of the notice of abandonment or notice of demand for abdication.

The insurer may, in any case, waive the requirement of notice or warning respectively.

Section 1197. The acceptance of abandonment, as well as to give it the irrevocable, it means that the insurer recognizes its responsibility for the total amount insured.

Section 1198. The abdication accepted or upheld by a final ruling, the insurer transfers all rights and obligations of the insured in respect of the insured, by the mere operation of law.

However, while not accepted the abandonment or final decision issued declaring it invalid, the insurer may recognize its obligation to compensate the total loss of the insured object and reject the transfer of ownership of the insured.

Section 1199. The insured has been privileged abandonment is subject to payment of the amount insured, in preference to any other credit can enjoy privilege over it, with the exception of claims on the ship referred to in Articles 844, 845 and 846 .

§ 4. Liability Insurance

Section 1200. The insured in a liability insurance only entitled to compensation and reimbursement of expenses incurred, when it has paid compensation for damage to third.

Notwithstanding the foregoing, the insured must notify the insurer of any claim that is the subject and can compromise the liability. It will be also obliged to take all protective measures as may be appropriate.

Section 1201. Only in cases where a liability insurer provides a guarantee to cover the liability of the insured, may be sued directly by the third party to whom it has issued such a guarantee.

This does not apply if the insured is entitled to limit liability and the insurer it was constituted of the respective fund limitation.

Liability insurance for a shipowner collision or collision with any fixed or floating object, which aims to repair damage caused to third parties, but produces obligation to indemnify in case of failure of the sum insured on the policy of the Town .

Section 1202. Whatever the number of events occurring during the term of liability insurance, the amount covered by each insurer is, for each event, the limit of your coverage.

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