Generali Ship Repairers' Liability — Policy Conditions (English Translation)

Generali's civil-liability policy for ship and boat repair businesses — the complete General Conditions, translated article by article into plain English.

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⚠️ Important — please read. This is a translation intended as a guide only. The wording may be amended by Generali at any stage, and in any dispute the original Spanish version is the only binding text. The official document is Generali RC Reparadores de Buques — Seguro de Responsabilidades Civiles de Reparadores de Buques (ref. RT 071 RCMT-98/GEN, edition G51563, 06/2018).

This is Generali's Ship Repairers' Liability policy — a commercial civil-liability cover for businesses that repair ships and boats (boatyards, marine repair workshops). It is not a boat-owner's policy: it protects the repairer against legal liability for damage caused to the vessels, cargo, machinery and third parties in the course of the repair business. It is governed as a marine “large risk” under the Maritime Navigation Act, and is written on a five-guarantee structure with the cover you select shown in your Particular Conditions.

For vessel (owner) cover instead, see our Marine Hull (Cascos), Náutico, Institute Yacht Clauses or Mar Estrella conditions. For an overview or a quote see our marine insurance in Spain page, or contact our team. As an authorised exclusive Generali agent, Turner Insurance can explain any clause below.

Insurer: GENERALI España S.A. de Seguros y Reaseguros · Product: RC Reparadores de Buques — ref. RT 071 RCMT-98/GEN · Edition: G51563 — 06/2018

Part 1 — General Conditions

Information clause — Insurer and supervisory authority ↑ top

This Information Clause is issued in compliance with Article 96.1 of Law 20/2015 of 14 July and Article 122 of Royal Decree 1060/2015 of 20 November, concerning the insurer's general duty to inform the policyholder and the insured.

Name, legal form and registered office of the insurer

GENERALI ESPAÑA, S.A. DE SEGUROS Y REASEGUROS. Registered office: Calle Orense nº 2, 28020 Madrid, Spain. NIF: A-28007268. Registered in the Madrid Commercial Registry, sheet M-54.202.

Supervisory authority

The Ministry of the Economy and Competitiveness, through the Directorate-General for Insurance and Pension Funds (DGSFP), is responsible for supervising insurance activity and protecting the freedom of the insured.

Complaints and how to proceed in the event of a dispute

The Insurer provides a Complaints and Claims Service (Servicio de Quejas y Reclamaciones), whose regulations can be consulted at www.generali.es. Complaints may be submitted in writing — stating personal details, signature, address, the policy or claim number and the facts — to: Servicio de Quejas y Reclamaciones, Generali España S.A. de Seguros y Reaseguros, Calle Orense nº 2, 28020 Madrid; or by e-mail to reclamaciones.es@generali.com. The Service operates autonomously, must resolve within a maximum of two months (Law 44/2002 and Order ECO/734/2004), and its decisions are binding on the Insurer. After two months without resolution, or on rejection, the interested party may complain to the Claims Service of the DGSFP, Paseo de la Castellana, 44, 28046 Madrid (www.dgsfp.meh.es/reclamaciones). All without prejudice to recourse to the competent courts at any time.

Preliminary — Large Risk and applicable law ↑ top

This insurance is treated as a Large-Risks insurance under Law 20/2015 of 14 July, and therefore, under Article 107 of Law 50/1980 of 8 October on the Insurance Contract, it is governed by what is agreed in these Specific General Conditions and in the annexed Particular Conditions that complement or amend them. In matters not provided for, Law 14/2014 of 24 July on Maritime Navigation (“the LNM”) applies and, subsidiarily, Law 50/1980 of 8 October on the Insurance Contract.

Definitions ↑ top

Third party

Any natural or legal person other than:

  • a) the Policyholder and the Insured;
  • b) the spouses, ascendants and descendants of the Policyholder and the Insured, and the relatives and other persons living with them;
  • c) the partners, directors, employees and persons who, in fact or in law, depend on the Policyholder or the Insured, while acting within the scope of that dependence;
  • d) the legal persons that are subsidiaries or parents of the Insured, or those in which the Policyholder or the Insured holds a controlling interest.

Excess (Franquicia)

The deductible amount which, for the sum and risks stated in the Particular Conditions, applies to claims against this contract for each accident or occurrence giving rise to them.

Unit of claim

A single claim is the damaging event or series of damaging events due to one and the same original cause, regardless of the number of claimants or claims made.

Personal injury

Bodily injury or death caused to natural persons.

Part 2 — The cover

Article 1 — Object of the insurance ↑ top

On the terms and conditions fixed in the policy, the Insurer takes on the pecuniary consequences of the civil liability that may arise for the Insured, in accordance with current legislation, as a result of damage caused involuntarily to third parties by events deriving from the Insured's exercise and operation of the activity of Ship Repair.

Article 2 — Territorial scope ↑ top

Save agreement to the contrary expressly recorded in the Particular Conditions, the cover of this insurance is limited to liabilities arising from damage occurring in Spain and claimed before its courts.

Article 3 — Risks that may be covered at the Policyholder's request ↑ top

The Insurer undertakes to indemnify the Insured for all sums it must pay by reason of its legal liability as a ship repairer, in respect of those of the guarantees set out below that are expressly contracted in the Particular Conditions, provided that liability results from negligence of the Insured, its employees, agents or subcontractors and occurs during the period of this insurance.

First Guarantee — Basic cover

Within the limits set in the Particular Conditions, the Insurer takes on the pecuniary consequences of the civil liability that may arise for the Insured as a result of:

  • 1. Loss of or damage to any ship or craft in the care, custody or control of the Insured for the purpose of carrying out repair work on it, including loss or damage occurring during moves and movements within the port where the repair work is being carried out, and during the sea trials of those repairs up to no more than 100 miles from the port.
  • 2. Loss of or damage to any ship or craft on which the Insured is carrying out repair work, except vessels at sea unless they are on sea trials.
  • 3. Loss of or damage to cargo or other objects on board, or unloaded from, any of the ships or craft referred to in points 1 and 2 above.
  • 4. Loss of or damage to the machinery or equipment of any ship or craft, while that machinery or equipment is off the vessel and in the care, custody or control of the Insured for the purpose of carrying out work on it, including loss or damage during transit between that vessel and the Insured's premises, or transit to or from the premises of specialist repairers or manufacturers.
  • 5. Removal of the wreck of the ships or craft mentioned in points 1 and 2 above.
  • 6. Loss of or damage to third-party property occurring during or as a result of the Insured's ship-repair operations.

Second Guarantee — Personal injury

Bodily injury or death of third persons occurring during, and as a consequence of, the ship-repair operations carried out by the Insured.

Third Guarantee — Detention costs

The detention of any ship or craft as a result of loss of or damage to it giving rise to a claim indemnifiable under points 1, 2 or 4 of the First Guarantee of this Article 3. In no case is legal liability for detention assumed contractually, or in any other way that extends the liability imposed on the Insured by law in the absence of contract, covered.

Fourth Guarantee — Other works (“Marine Only”)

Other repair operations not included within the concept of ship repair, subject in all cases to the following:

  • 1. The Insured will declare the gross turnover for those operations, which may be subject to a specific adjustment rate as indicated in the Particular Conditions.
  • 2. Such operations are limited to repair work relating to offshore installations, drilling platforms, containers, naval machinery and cranes located within port installations.
  • 3. In no case does cover extend to repair or other works relating to land installations other than those set out in the preceding paragraph, automobiles of any kind, aircraft or any type of air device or any part of them, or any other type of installation or object unrelated to the maritime-transport business or offshore operations.

Solely in respect of such repair operations: a) the expressions “ship repairers” and “ship repairs” wherever used in this insurance are deemed to include other repair operations of the Insured; b) the wording of point 4 of the First Guarantee is deemed replaced by the following: loss of or damage to goods (other than those referred to in points 1, 2 or 3) that are in the care, custody or control of the Insured for the purpose of being repaired, including while in transit to or from the Insured's premises, or to or from the premises of specialist repairers or manufacturers.

Fifth Guarantee — Liability for travelling workmen

By contracting this Guarantee, the insurance is extended to cover the Insured's legal liability where a person employed by the Insured, or any other person acting on its behalf, is aboard a ship or drilling platform at sea or in any port for the purpose of carrying out repairs or other work entrusted to the Insured, regardless of whether such persons may be included as crew members of the vessel. Save express written agreement to the contrary, the territorial scope of this guarantee is limited to the countries of the European Union, Article 2 of these Specific General Conditions being modified accordingly.

Article 4 — Exclusions ↑ top

Notwithstanding any stipulation to the contrary, this insurance does not cover any liability:

  • 1. For death or injury, or any claim arising directly or indirectly from current legislation on industrial accidents and/or employer's civil liability, or any other liability for death, bodily injury or illness of any worker or other person engaged by the Insured, its agents or subcontractors for any kind of activity.
  • 2. In respect of property that: a) is owned, used by or leased to the Insured; b) is in its care, custody or control (except that referred to in the First Guarantee of Article 3, points 1, 3 or 4).
  • 3. In respect of collision liability, the liability of tugs, or liability arising from the navigation of any ship or craft owned or operated by the Insured or any subsidiary, affiliated or parent company of it.
  • 4. In respect of, or arising in connection with, any ship or craft accepted by the Insured solely for storage.
  • 5. In respect of, or arising in relation to, a tanker or any ship or craft previously engaged in carrying inflammable or explosive liquids or gases, or arising from work on or near any tank, pipe or fuel deposit, unless the rules, regulations and requirements of the port or government authorities of the place where the work is carried out are complied with. If a gas-free certificate is not required by the port or government authorities, then such a certificate must be obtained from a chemist approved by the Insurer before the work begins.
  • 6. In respect of any new ship or craft the Insured is building.
  • 7. For payments relating to penalty clauses, detention, demurrage, lay-days, loss of time, loss of freight, loss of charters, loss of market or any other consequential loss whatsoever, in respect of the property referred to in the First Guarantee of Article 3 (Basic cover).
  • 8. Arising from the existence, maintenance or use of: a) a truck, automobile or other mechanically-propelled vehicle; b) a truck, automobile or other mechanically-propelled vehicle outside the Insured's premises or yard.
  • 9. In relation to or arising from: a) the non-approval or rejection of any part by reason of defective design; b) any loss or expense arising from such non-approval or rejection; c) the cost or expense of repairing, modifying or replacing any part (or the loss or expense arising from it) by reason of defective design.
  • 10. Arising from strike, lock-out, labour disturbance, riot, civil commotion or the act of any person taking part in any such event or acting maliciously.
  • 11. Directly or indirectly caused by or resulting from: a) war, civil war, revolution, rebellion, insurrection or civil strife, or any hostile act by or against a belligerent power, coup d'état or other usurpation of power; b) capture, seizure, arrest, restraint or detainment (barratry and piracy excepted) and the consequences thereof or any attempt thereat; c) mines, torpedoes, bombs or other weapons of war; d) destruction of or damage to property by order of any government or public or local authority.
  • 12. Directly or indirectly caused by, contributed to by, or arising from ionising radiation or radioactive contamination from nuclear fuel or from waste derived from nuclear combustion.
  • 13. Assumed under contract or otherwise in extension of the liability imposed on the Insured by law in the absence of contract.
  • 14. For punitive or exemplary damages, however described, unless they are imposed on the Insured as a result of the Insurer's direction of a claim.
  • 15. Directly or indirectly caused by asbestos.
  • 16. For seepage, pollution or contamination, unless caused by an event identifiable as happening instantaneously during the cover period, which is accidental, unexpected and unintended, known within 72 hours of occurring and notified to the Insurer within the following 90 days. Nothing in this exclusion operates to provide cover in respect of: a) fines, penalties, punitive or exemplary damages or any damages resulting from the multiplication of compensatory damages; b) any site or place used wholly or partly for the handling, processing, treatment, storage, removal or dumping of any waste substance or material; c) the cost of assessing, monitoring and/or controlling a seepage or contaminating substance; d) the cost of removing, nullifying and/or cleaning up a seepage or contaminating substance from property owned, leased or controlled by the Insured.

Article 5 — Payment of premiums ↑ top

Payment of the premium, together with the corresponding charges and taxes, is made on the date(s) and for the amounts shown in the Particular Conditions. The premium is a minimum and deposit premium and is subject to adjustment at the percentage stated in the Particular Conditions, applied to the gross turnover for the period of this insurance. The settlement due for that adjustment must be paid to the Insurer within 90 days of the expiry or termination of the policy. Gross turnover is defined as the total billing (collected or not) accrued by the Insured as a ship repairer during the period of this insurance. No deduction from gross turnover is made for any subcontracted work.

Article 6 — Declarations and communications ↑ top

The Policyholder and, where applicable, the Insured are obliged to inform the Insurer, before the start of the insurance period and during its course, of all the information and circumstances known to them that may influence the assessment and/or aggravation of the risk. Communications to the Insurer, and those from the Insurer to the Policyholder or the Insured, are made in writing to the respective registered offices as shown in the policy.

Article 7 — Claims ↑ top

Should an accident or occurrence happen that gives or may give rise to a loss or claim covered by this insurance, the Insured is obliged to notify the Insurer immediately, and in no case later than seven days from the accident or from becoming aware of it. On breach of this obligation, the Insurer may claim the resulting damages.

The Insured must also use all means within its reach to prevent or minimise the consequences of an accident or occurrence that gives or may give rise to a claim. Save prior express authorisation of the Insurer, the Insured may not at any time admit liability or waive any subrogation.

The Insurer is entitled to take the direction of any claim, with absolute discretion to appoint lawyers, experts or any other expert it sees fit; and the Insured is obliged to keep the Insurer duly informed of the circumstances and possible development of the claim, and to forward promptly all judicial and extrajudicial documents relating to it.

Where this insurance constitutes one tranche of a series of insurance tranches and more than one of them is involved in a particular event, the Insured will seek the agreement of the Insurers of each affected tranche as to how that control or direction is to be carried out and how the costs, charges and expenses incurred are to be borne.

Should a conflict of interest arise between the Insured and the Insurer, the Insurer will inform the Insured, who may opt to appoint another person to defend its interests. In that case the Insurer is obliged to bear a quarter of the costs of that defence, always within the limits contracted in the Particular Conditions.

If the Insured makes a claim knowing it to be false or fraudulent, it loses all rights in respect of that claim and must reimburse the Insurer the amount of any expenses it may have incurred in relation to it.

The cover granted under this policy reaches only those claims arising from an accident or occurrence during the insurance period, and notified in writing to the Insurer within the twelve months following the end of that period.

Article 8 — Payment of indemnities ↑ top

This insurance indemnifies only the excess over the amount fixed as the excess (franquicia) in the Particular Conditions, in respect of the net final loss resulting for the Insured from any accident or series of accidents arising from one and the same event. The Insurer will indemnify the Insured for the claims covered under this policy within forty days of receiving all the documents evidencing their existence, extent and valuation. Where the insurance contract is a large risk, the Insurer is in no case obliged to pay interest other than that generally provided in the Civil Code.

Article 9 — General provisions ↑ top

Reconstruction or conversion

Cover for repair work involving reconstruction or conversion of any ship or craft that entails a change in its dimension, tonnage or type is subject to the Insured's obligation to inform the Insurer in writing before the work begins, the Insurer being entitled to charge an additional premium.

Duration of the contract

This insurance is taken out for a term of one year from its effective date, unless the Particular Conditions provide otherwise.

Inspection of books

The Insured will keep a complete and accurate record of all gross turnover relating to the operations covered by this insurance, and will keep that information available to the Insurer on request.

Other insurance

This insurance is subsidiary to any other civil-liability policy contracted by the Insured or of which it is a beneficiary, so that cover under this insurance is granted in excess of the sum recoverable under the other policy had this insurance not been contracted, always within the limits and subject to the conditions of this contract.

Prescription (limitation)

Actions arising from this insurance contract are time-barred after two years from the date they could be brought.

Jurisdiction

This insurance contract, and any dispute or controversy arising as to its interpretation and performance, is subject to Spanish law and jurisdiction, the competent judge being that of the Insured's domicile.

Part 3 — Annex: Other General Conditions of the Insurance Contract

This annex is drafted as a guide to the rights and obligations of those involved in the contract, under Law 50/1980 on the Insurance Contract.

1. Persons involved in the contract

1.1. The Policyholder, who has applied for and contracted the policy. 1.2. The Insured, the person with an economic interest in the insured property; he may, if he wishes, fulfil the duties that in principle fall to the Policyholder, and holds the rights arising from the contract unless a different Beneficiary is designated. 1.3. The Company, the legal person assuming the contractually agreed risk. The following may also be involved: a) the Beneficiary, who, on designation, receives the capital or annuities insured when the contingency occurs (usual in personal insurance); b) the Creditor, holder of a pledge, mortgage or privileged credit over the insured property (proper to damage insurance, and which must be communicated to the Company).

2. Documentation of the contract

2.1. The Policy is the set of documents recording the data and agreements of the contract. It comprises: 2.1.1. these General Conditions, governing the scope of the guarantee and the rights and duties of the parties through the birth, life and extinction of the contract; 2.1.2. the Particular Conditions, recording the individual data of each contract and the clauses that, by the parties' will, complete or modify the General Conditions as permitted by law. 2.2. After it is formalised, the policy may be modified by agreement with the Policyholder by means of consecutively numbered appendices, as often as necessary.

3. Fundamental regulation of the contract

3.1. This contract is subject to Law 50/1980 of 8 October on the Insurance Contract and to Royal Legislative Decree 6/2004 of 29 October (consolidated text of the Law on the Organisation and Supervision of Private Insurance). 3.2. The Company has concluded the contract and prepared the policy on the basis of the Policyholder's application and his answers to the prior questionnaire — the only data known to the Company, hence the importance of an exact and correct declaration. 3.3. Before concluding the contract the Policyholder has the duty to declare to the Company, in accordance with the questionnaire it submits, all the circumstances known to him that may influence the assessment of the risk; he is released from that duty if the Company does not submit a questionnaire, or where the circumstances are not included in it.

4. Formalisation of the contract

4.1. The policy must be read carefully, paying special attention to any clauses limiting the rights of the Insured set out in the Particular Conditions, which the Policyholder declares he knows and expressly accepts with his signature. 4.2. On receiving the policy, the Policyholder must check that all data and agreements are correct; if not, he may request rectification of the errors within one month, after which the policy stands. 4.3. The policy is made out in an original and a copy; the Policyholder must sign them and have the Insured sign too if a different person, the copy being returned to the Company. 4.4. The price of the insurance is the premium, payable with its taxes and surcharges on the conditions stipulated in the policy. 4.5. The first premium receipt must be paid when the contract is signed; otherwise the cover is not in force and the Company does not bear losses occurring while that receipt is unpaid.

5. Payment of successive premiums

5.1. Once the first premium receipt is paid, the successive ones are paid as shown in the Particular Conditions. On each annual due date there is a thirty-day grace period; once it elapses, cover is suspended and the contract is cancelled six months after the unpaid annual receipt's due date.

6. Change of the circumstances of the contract

6.2. On transfer of the insured object, the Company may cancel the contract within fifteen days of learning of the transfer; having exercised that right and notified the acquirer in writing, the Company remains bound for one month from the notification, and must return the part of the premium corresponding to periods for which, as a result of cancellation, it has not borne the risk. The acquirer of the insured thing may also cancel the contract by written notice to the Company within fifteen days of learning of its existence; in that case the Company acquires the right to the premium for the period that had begun to run when the cancellation occurs. 6.3. For named policies covering non-compulsory risks, the acquirer is not subrogated to the contract's rights and obligations save the Company's prior express acceptance. 6.4. During the contract the Policyholder or Insured must inform the Company, as soon as possible, of all circumstances that aggravate the risk and are of such a nature that, had the Company known them at conclusion, it would not have contracted or would have done so on more onerous terms. 6.5. Within two months of the aggravation being declared, the Company may propose a modification of the contract; the Policyholder then has fifteen days to accept or reject it. On rejection or silence, the Company may, after that period, cancel the contract giving the Policyholder a further fifteen days, after which (and within the following eight) it notifies definitive cancellation. The Company may likewise cancel by written notice to the Insured within one month of learning of the aggravation. If the declaration was not made and a loss occurs, the Company is released from its payment if the Policyholder or Insured acted in bad faith; otherwise the payment is reduced in proportion to the difference between the agreed premium and the one that would have applied had the true risk been known. 6.6. If, on the contrary, the risk decreases, the Policyholder is entitled, from the next annual period, to the corresponding reduction in premium.

7. Claims

7.1. A loss (siniestro) is the occurrence of an event affecting the persons or property specified in the Particular Conditions which, being covered, generates the Company's obligation to indemnify and the corresponding right of the Insured or Beneficiary. 7.2. Above all, the Policyholder and Insured must use the means within their reach to lessen the consequences of the loss; in damage insurance the traces of the loss must be preserved, save justified impossibility. 7.3. The expenses of fulfilling that duty, provided they are not untimely or disproportionate to the property saved, are borne by the Company up to the limit fixed in the contract, even if they had no effective or positive result; failing agreement, the expenses actually incurred are indemnified, not exceeding the sum insured. 7.4. The Policyholder, Insured or Beneficiary must notify the loss, its circumstances and consequences as soon as possible and at most within seven days of becoming aware of it, and must state whether there are other insurances covering the same risk. 7.5. In damage insurance, within five days of notifying the loss, the Insured or Policyholder must give the Company in writing the list of objects existing at the time of the loss, those saved, and the estimate of the damage; the Insured bears the burden of proving the pre-existence of the objects (the policy content being a presumption in his favour where more effective proof cannot reasonably be provided). If the parties agree at any time on the amount and form of the indemnity, the Company must pay the agreed sum or carry out the operations needed to replace the insured object where its nature allows.

If no agreement is reached within forty days of the Company receiving the loss declaration, each party appoints an expert (perito), their acceptance recorded in writing. If one party fails to appoint, it must do so within the eight days following a request by the party that has appointed its own; failing that, it is deemed to accept the opinion of the other party's expert and is bound by it. If the experts agree, they record it in a joint report stating the causes, the valuation of the damage, the other relevant circumstances and the proposed net indemnity. If the experts disagree, both parties appoint a third expert by agreement, and failing agreement the appointment is made by the Court of First Instance of the place where the property is, in voluntary jurisdiction; the expert opinion is then issued within the period set by the parties or, failing that, within thirty days of the third expert's acceptance.

The experts' opinion, by unanimity or majority, is notified to the parties immediately and unequivocally, and is binding unless judicially challenged within thirty days (Company) or one hundred and eighty days (Insured) from notification; failing such action, it becomes unchallengeable. If challenged, the Company must pay the minimum it may owe according to the circumstances known to it; if not challenged, it pays the indemnity set by the experts within five days. If, through the Company's delay in paying the unchallengeable indemnity, the Insured has to claim it judicially, the indemnity is increased by the interest in section 7.7, accruing from when the valuation became unchallengeable for the Company. 7.6. Each party pays its own expert's fees; the third expert's and the other valuation expenses are shared equally, unless one party forced the valuation by maintaining a manifestly disproportionate estimate, in which case it alone bears those expenses.

7.7. If the Company is in default (mora) in performing, the damages follow these rules (without prejudice to more favourable contract clauses): they apply generally to the Company's default toward the Policyholder or Insured and, in particular, toward the injured third party in liability insurance and the beneficiary in life insurance; they apply to default in paying the indemnity (or repairing/replacing the object) and in paying the minimum the Company may owe; the Company is in default where it has not performed within three months of the loss or has not paid the minimum within forty days of receiving the loss declaration; the default indemnity is an annual interest equal to the legal interest of money in force, increased by 50 per cent; these interests accrue daily without need of judicial claim; however, after two years from the loss, the annual interest may not be less than 20 per cent; for repair/replacement, the initial calculation base is the net cost of that repair/replacement; in other cases it is the indemnity due or the minimum the Insurer may owe; the initial date is the date of the loss (or, if the loss was not notified within the policy period or within seven days of becoming aware, the date of notification; and, regarding the injured third party, where the Company proves it had no knowledge before the claim, the date of that claim); the final date is, for non-payment of the minimum, the day interest on the total indemnity begins (or the date the minimum is paid); in other cases, the day the indemnity is actually paid, repaired or replaced; there is no default indemnity where the non-payment is based on a justified cause not attributable to the Company. 7.8. Once the indemnity is paid, the Company may claim against third parties responsible for the damage where appropriate. 7.9. The Insured must not prejudice this right of the Company.

8. Duration of the contract

8.1. Fixed, per the application or proposal, in the Particular Conditions. 8.2. The Company may cancel the contract: 8.2.1. where the Policyholder reserved or misstated facts in the prior questionnaire, within one month of the Company learning of it; 8.2.2. on aggravation of the risk, within one month of learning of it; 8.2.3. on transfer of the insured object, within fifteen days of learning of the transfer (the Company remaining bound for one month from notifying the acquirer); the acquirer may also cancel within fifteen days of learning of the contract; 8.2.4. policies to order or to bearer cannot be cancelled for transfer of the insured object; 8.2.5. on a change in the legal situation of the Policyholder or Insured (suspension of payments, bankruptcy, composition, insolvency, etc.) or on the death of either, within fifteen days of learning of it. 8.3. The Policyholder may terminate where, on a decrease of the insured risk, the Company has not reduced the current period's premium at its end. 8.4. Both the Company and the Policyholder may oppose renewal by written notice two months before the annual premium due date.

9. Other matters to bear in mind

9.1. The law provides various situations sanctioned with nullity or ineffectiveness of the contract, exemption from the duty to indemnify, proportional reduction of the indemnity, and even a claim for damages by the Company — arising where there is wilful misconduct or bad faith, gross negligence, incorrect sums insured or declarations, concealment of data and, in general, where the good-faith principle underpinning the contract is not respected.

10. Communications between the parties

10.1. All communications between the parties must be in writing. Those to the Company may be made directly to it (registered office or branches) or through the Agent or Broker named in the Particular Conditions. 10.2. The Company sends its communications to the last address it knows for the Policyholder.

11. Prescription of actions

11.1. All actions arising from this contract are time-barred in two years for damage insurance and five years for personal insurance.

12. Competent jurisdiction

12.1. The competent judge for actions arising from this insurance contract is that of the Insured's domicile, any agreement to the contrary being void.

13. Applicable law

13.1. Unless the Particular Conditions state otherwise, Spanish legislation applies to this contract.

Closing note of the booklet: “These General Conditions have been drafted in a simplified form to make them as easy as possible to understand. Please read them carefully and ask your Mediator, or any Generali branch, for any clarification.” — ref. G51563, 06/2018. Insurer: GENERALI España, S.A. de Seguros y Reaseguros.

Frequently Asked Questions — Ship Repairers' Liability

It is for businesses that repair ships and boats — boatyards, marine workshops and offshore-repair contractors. It is a commercial civil-liability cover protecting the repairer against legal liability for damage to vessels, cargo, machinery and third parties in the course of the repair business. It is NOT a boat-owner's policy; for that, see the Cascos, Náutico or Mar Estrella wordings.
Yes — within limits. The First Guarantee covers loss of or damage to a vessel in the repairer's care, custody or control, including during sea trials of the repairs up to 100 miles from the port. Vessels at sea are otherwise excluded unless they are on those trials. The exact guarantees and limits are those shown in your Particular Conditions.
Key exclusions (Article 4) include: employer's liability / workers' compensation; the repairer's own or leased property; collision and tug liability; vessels accepted only for storage; tankers and gas/inflammable-liquid vessels unless gas-free certified; new-builds; consequential losses (penalty, detention, loss of freight/market); road vehicles; defective design; strikes and war; nuclear; contractual liability beyond law; punitive damages; asbestos; and gradual pollution (only sudden, accidental pollution known within 72 hours and notified within 90 days is covered).
The premium is a minimum-and-deposit premium, then adjusted at the end of the period against your declared gross turnover as a ship repairer (total billing, whether collected or not, with no deduction for subcontracted work). The adjustment settlement is due within 90 days of the policy's expiry, and you must keep accurate turnover records available for the Insurer to inspect.

More questions? Contact us for free English-speaking advice — 966 461 625.

Run a boatyard or marine repair business in Spain? Ship Repairers' Liability protects you against the legal liabilities of the repair trade. See our marine insurance in Spain page for an overview and a quote, or contact Turner Insurance — your authorised exclusive Generali agent in Jávea. We'll match the five guarantees to how your yard operates.