Exclude insurance coverage transport damage to the goods during loading or unloading, it is a harmful and ineffective clause if it has not been expressly permitted by the Insured.

June 10 , 2016 // Legal Reforms and Debate : Liability derived from the use of motor vehicles

Published in vlex

INSURANCE CONTRACT. Of transport. the claim for compensation for damage to the goods transported made by the insured is estimated. The incident was covered by the policy underwritten. The exclusion clause alleged by the insurer is not delimits the risk, but is limited to the rights of the insured. The loading and unloading operations are included in transport activity and include all appropriate for a proper performance of the related or complementary activities. Its interpretation is concluded that it was intended to exclude from coverage damage to the goods during loading or unloading, essential to run the transport operations. It does not meet the legal requirements required by art. 3 LCS for validity. It could even be considered prejudicial to reduce significantly and disproportionately the right of the insured, emptying it of content and preventing the effectiveness of the policy.
The Asturias AP dismisses the appeal brought by the insurer defendant and confirmed the judgment of first instance sentenced him to pay the compensation claimed. The Supreme Court dismissed the extraordinary resources for procedural and brought by the defendant company infringement.

Excluir de la cobertura del seguro de transportes  los daños causados a la mercancía durante la carga o descarga, es una cláusula lesiva e ineficaz si no ha sido expresamente consentida por el Asegurado.

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