Català
Español
English
It is clear that being in the shelter of an ARCP in which the policyholder is the College has the advantage that it is designed and conceived expressly for the professional practice of industrial technical engineering, and has been negotiated since d 'a position that guarantees better coverage and guarantees than in an individual negotiation of the engineer due to the economy of scale. However, in this article we will try to identify the usual clauses and aspects that contain this type of ARCP, which should be examined before hiring, beyond the premium to be paid. It is worth remembering that hiring an ARCP is mandatory for qualified professionals, who will need to know in depth what risks it covers.
OBJECT
The engineer must make a prior analysis of the scope of action to see if the coverage of the policy examined is appropriate. If the ARCP covers the risks arising from the activity of industrial technical engineering and the engineer intends to perform other business tasks, these activities may not be covered because they are not a professional performance. If they carry out any more specific type of professional activity, it would be advisable for them to be expressly included in the clause.
TYPES OF DAMAGE
It is necessary to take into account the type of damages that are subject to compensation. In this sense, it must expressly state the bodily or material damages, the damages that result from them and the primary patrimonial damages.
OTHER RISKS COVERED OR WARRANTIES
There are ARCP that, like the one of the School, also include the employer responsibility and of operation, as well as the payment of a monthly indemnification in case of professional disqualification by firm sentence in a penal procedure by reason of a recklessness professional, as well as legal costs and expenses and the provision of court bail.
RISKS EXCLUDED
It is as important to study the risks covered as to know the risks excluded from the ARCP, among which are the responsibilities that exceed the professional activity, the actions carried out in bad faith, the payment of sanctions or fines of any kind, etc. .
FRANCHISES
This is the amount deducted from the compensation corresponding to the accident, ie it is assumed directly by the engineer with his assets. For example, the College's professional liability insurance has no deductible, which is not the case in most ARCPs on the market when negotiated individually. SUB-LIMITS These are the amounts indicated in the conditions that represent the maximum limits assumed by the insurer for each claim and / or year covered by the policy. When “sub-limit per victim” is indicated, the maximum amount that can be compensated for each affected individual must be understood. Policies without a deductible but with a low sublime per victim must be taken into account.
GEOGRAPHICAL BOUNDARIES
It is the territorial area in which the ARCP attends to the claims made to the insured. Therefore, if the engineer internationalizes his activity it is necessary to review this aspect. It should be borne in mind that some ARCPs provide that, for example, in damage to non-EU Member States, it is the insured who must pay the compensation directly and then the insurer will reimburse the engineer. in Spain and in euros, the amount disbursed. Professional liability insurance has worldwide coverage except the United States of America and Canada
TEMPORARY BOUNDARIES
The ARCP protects the claims made to the insured or insurer during the period of validity of the ARCP. That is, if a professional act is performed during the period in which the ARCP is contracted, but is not held at the time of the claim, the damage is not covered. If an engineer really wants to sleep soundly, he or she should keep an ARCP underwritten at least until the statute of limitations for any claims that may be made against him or her.
THE ARCP OF THE SCHOOL
The insurer will pay, as stated, the compensation to be paid by a professional, as damage caused by its exercise, to a client or third party only if the claim occurs during the period of validity of the ARCP. At this point, it should be borne in mind that the College's ARCP provides for a special group for those who cease to exercise the profession effectively, due to death, retirement and temporary or indefinite cessation of activity, which will be covered without having to pay any premium. Therefore, it is necessary to continue being a member, to maintain the status of insured and request the pass to this group and not the termination of the ARCP.