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Glossary
The contract

Direct action of the injured party

Right of the person who has suffered damage to claim compensation directly from the insurer of the responsible party, without going through them.

In practice

This is what makes a civil liability policy enforceable against third parties: the injured party can sue the insurer even if the insured does not want to report the claim, and the action prescribes with the liability, not with the contract.

Where it is addressed

This term is covered in Responsabilidad civil and applies when taking out Responsabilidad Civil.

Related terms

Operational liabilityCover for damages caused to third parties by the company's activities, its facilities, and its employees.ClaimEvent foreseen in the policy whose occurrence gives rise to the obligation to indemnify. The insured must report it within seven days of becoming aware of it.AccidentEvent of violent, sudden, external cause beyond the insured's will that causes bodily or material damage.Aggravation of riskChange in declared circumstances that increases the probability or intensity of the claim. The policyholder must communicate it as soon as possible.InsuredHolder of the interest exposed to the risk. May or may not coincide with the policyholder, who is the one who signs the contract and pays the premium.Claims made basisSystem by which the policy covers claims made during its validity, regardless of when the event occurred, within the agreed retroactivity.
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