SCOPE OF ACTIVITY

The Consorcio cover will not come into play, and there will not therefore be any right to indemnity, when one of the following circumstances exists (see article 6 of the Extraordinary Risks Insurance Regulations):

With regard to branches of insurance: that there is no insurance policy covering the damaged goods or, if there is such a policy, that this is in a branch of insurance to which the Extraordinary Risks system does not extend cover (and does not charge a surcharge for cover), such as the case of cargo insurance, construction and erection insurance, civil liability, illness, legal defence and travel insurance. The same exclusion can apply to policies that cover agricultural concerns that are susceptible to being insured through the Combined Agricultural Insurance system (see article 4 of the Extraordinary Risks Insurance Regulations)

With regard to the direct cause of the loss: that this should differ from the extraordinary events mentioned in the section on risks covered. Thus, there is no cover for damages deriving from:

• Rainfall directly on the insured risk or that collected by the risk's roof or roof terrace, its drainage network or its patios.
• Hail, the weight of snow and non-extraordinary winds (less than 120 km/hr.)
• Leak, filtration or dampness.
• Breakage of dams, sewers or artificial canals (unless the breakage came about as a result of an extraordinary event)
• Rising of the water table, the movement of slopes, landslides or subsidence, rockfall and similar phenomena, unless these have been provoked by the actions of rainwater which, in turn, provoked extraordinary flooding in the area and that the above mentioned phenomena should have occurred at the same time as said flooding.
• Armed conflict, whether or not it is preceded by a Declaration of War.
• Tumultuous actions during authorised demonstrations or legal strikes.
• Nuclear energy (although cover is provided for damage to nuclear installations as a result of an extraordinary event).
• Ordinary waves and currents when these affect property that is totally or partially submerged in a permanent manner.
• The mere passage of time or the failure to maintain the insured item.
• Events which, due to their magnitude or gravity, are declared by the Spanish Government to be a "national calamity or catastrophe" (such a declaration has never been made in the Consorcio's history, despite the large losses occasioned by some catastrophic events).

With regard to the damaged items: that the damage should have been produced as a result of inherent defect or vice of the item in question.

With regard to the type of damage: that these should be indirect losses or damages deriving from direct or indirect damage other than the loss of profits as delimited in the Reglamento. For example, there is no cover for the losses produced by alterations in the supply of any form of energy. Neither is there cover for loss of profits resulting from damages suffered by other items or by other individuals or entities that are not the insured or do not belong to the insured, such as those arising from goods or services that the aforementioned items, individuals or entities should but cannot provide to the insured as a result of an extraordinary event.