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Foro Seguro de Hogar

Foro seguro de hogar: Robo en plaza de garaje

Sinead E.

Hello, I own a House insured with Mapfre. It is an apartment in a Residential Building governed by the Condominium Act.

Inside the Building there is an opened Community Garage, but you can only access trough the door of the garage that faces the street, and the parking spaces for each neighbour are drawn on the floor.

A few days ago unknown persons entered into the garage and stole two bicycles I had tied to the bars of the window of the façade with a string (after cutting the chain).

The insurer Co. tells me that they will not compensate because the bicycles were not at my home or annex to it, but I see that the policy includes storages or garages located in the same building of the apartment.

Do they have a reason to exclude the loss?

Thank you

Moderator, Sergio Sanguino

Dear Sinead,

In the General Terms of policies it is effectively defined the property insured, and usually the concept of the garage or storage it is included, but read carefully, because it also defines requirements to considered these dependencies included in the definition of the House.

Thus, in most policies of Mapfre it is indicated that they consider Garage to the individually closed and isolated enclosure devoted to park the vehicle, and it is considered Parking to the place located within the Community Facilities, but it should be always individually closed and isolated from the others within that local.

That is, your garage does not meet the requirements to be considered as a part of the Building of our house for not being closed or isolated individually.

I hope this helps.

Kind regards.

Foro seguro de hogar: Responsabilidad Civil interna

Sheila W.

Hi, I have an apartment and the Home Insurance is contracted with AXA. The other day my son accidentally threw down the Tablet of our domestic household employee who lives in our house, with such bad luck that it got broken and beyond repair.

We opened a claim against our Insurance for Civil Liability and they indicated that I am not covered as the employee is not third party.

I am not satisfied, because I understand that the only people who have no consideration for Third party are my family, but not a domestic worker who has no family relationship with us.

Am I right? What can I do?

Thank you

Moderator, Sergio Sanguino

Dear Sheila,

We should look at what the policy states in its terms regarding what kind of people are considered as Third Parties, for the purposes of Insurance contracted and regardless of what the law establishes as Third Parties in the Civil Code.

In the policy you have contracted you indicated that “it is considered as a Third Party any person except the spouse of the insured, children, parents or others who live with him in the insured home”.

This means, that for the purposes of Civil Liability coverage contracted, if the housekeeper lives permanently in your home she is not considered as Third Party, so the loss is not covered by the Civil Liability cover.

I hope this helps, kind regards.

Foro seguro de hogar: cláusulas especiales en la póliza

Amy H.

Hi, I live in a property with a Home Insurance that I did contract three months ago. In the insurance proposal I wanted to include special clauses relating to the insured amount of furniture, aesthetic damage, jewelry etc.

Now I had a claim and I see that the policy does not reflect the exact conditions that were included within the proposal, so I am harmed.

The Insurance Co. tells me that I signed the policy with full consent and that is what counts, which is reflected in the policy and not on the proposal.

Are they right?

Thanks.

 

Moderator, Sergio Sanguino

Dear Amy,

According to the Law of Insurance Contracts, Article 8, last paragraph, it is stated that “if the contents of the policy differ from the proposal of insurance or the agreed clauses, the policyholder may claim to the insurer within one month from the delivery of the policy to remedy the divergence. After that time, if you do not complaint it will be as provided in the policy. “

That is, the Law is exhaustive in this matter. You should have checked the special clauses in the policy before signing, as the term to rectify it is one month since it’s delivered.

Kind regards.

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