The insured party or policy-holder shall employ the means available to them to minimise the consequences of the incident. Failure to carry out this duty shall give the insurer the right to reduce its provision by the appropriate proportion, taking into account the scope of the damages resulting from the incident and the level of culpability of the insured party.
If failure to fulfil this duty takes place with the clear intention of damaging the interests of or misleading the insurer, the latter is exempt from the obligation to provide any compensation resulting from the incident.
Provided that they are not inappropriate or disproportionate to the goods salvaged, expenses incurred as a result of fulfilment of the abovementioned duty shall be met by the insurer up to the limit set in the contract, including where these expenses have not had effective or positive results. In absence of this contractual limit, full expenses incurred shall be compensated. This compensation shall not exceed the sum insured
Where the contractual obligations of the insurer only include compensation of part of the damage caused by the incident, the insurer shall reimburse the appropriate proportion of the salvage costs, unless the insured party or the policy-holder has acted according to instructions from the insurer.
TIXCOM, SL | Salvage and Recovery of Goods C/ Comerç 21, 08003 Barcelona T.:(34) 93 319 81 36 | Fax: 93 310 63 44 E-mail:
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The insured party or policy-holder shall employ the means available to them to minimise the consequences of the incident. Failure to carry out this duty shall give the insurer the right to reduce its provision by the appropriate proportion, taking into account the scope of the damages resulting from the incident and the level of culpability of the insured party.
