Una aproximación al seguro marítimo de defensa jurídica

Abstract

The present work analyzes the legal defense insurance in the maritime area, on the basis of maritime processes as a source of risks, and of legal defense insurance regulated in Ley 50/1980, de 8 de octubre, de Contrato de Seguro, a rule which expressly excludes from its objective scope of application those disputes or risks arising from the use of ships or maritime vessels. Insofar as it is subject to formal and instrumental sources of Maritime and Insurance Law and it is exposed to real risks of navigation, there is maritime legal defense insurance as a maritime institution. The insurance companies that offer this coverage, called FD&D, to the maritime operators are P&I Clubs, mutual insurance companies with variable premiums, that absolutely condition the insurance contract itself, which consists of standard rules for all Associates, in which important powers are attributed to the Board and Managers for controlling both coverage and casualty, at the expense of insured's rights