A prescrição nos seguros de responsabilidade civil de base reclamação

• Autor(a) principal: Rodrigues, Tânia Isabel de Matos
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/65280
• topic: Direito

The present study intends to clarify an issue, which lacks discussion in the Portuguese law: the prescription period of liability insurance on a claims made basis. The Insurance Contract Law applies two rules to the prescriptive period, namely, article 121.º and article 145.º. The first one, settled as a general clause, establishes a time limit of two years for the insurer’s entitlement to the insurance premium, and a time limit of five years with respect to the remaining rights arising from the contract, as from the date on which these rights are known. The second rule, laid down in the systematic scope of liability insurance, merely refers to the civil law to set out the prescription period of the injured party’s rights. The articles aforementioned should be articulated with the prescriptive periods stated in the civil law. Briefly, the present study analyzes the prescriptive periods established in the Civil Code, particularly in article 498. The second half addresses one of the most controversial matters of the insurance contract: the temporal delimitation of the insurance policy, with a particular focus on the “claims made” coverage insurance. Professional and environmental civil responsibility insurances are also highlighted in this dissertation. A functional analysis of these type of insurances is considered important for a better understanding about the potential temporal differences to which the injured party and the insured party are subject, at the moment where the coverage of the claims made insurance is invoked.