Liberty Quality Home - house and contents insurance
CONTRACT BASES
Article 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 policyholder, the insured or the beneficiary shall inform the insurer that an accident has taken place within a maximum period of seven days from the date on which they become aware of the accident, unless a longer period has been agreed in the policy. The insurer may file a claim for the damages caused by any failure to make this declaration, except when it can be shown that it had knowledge of the accident by another means.
It is also necessary for the policyholder or the insured to undertake to inform the insurer about the place where the accident occurred, the date and time of the accident, 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 damages derived therefrom before informing the legal authorities.
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 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 accidents to the police authorities, as soon as possible, indicating the insurer's name. In addition, he / she must report the accident to the insurer within a maximum period of seven days from the date on which he / she learned of it, except where a longer period has been agreed in the policy, and the insurer may claim for the damage caused by any failure to make this declaration, except when it can be shown that it had knowledge of the accident by another means.
After the accident and within the 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.
Article 19 - Obligations in case of claims