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Please make sure you view the key information alongside your search results. This section details information that must be considered before accepting a risk in the chosen country.

Disclaimer: Crystal is provided for information purposes; it does not constitute solicitation of business and is not intended to be a substitute for appropriate professional advice.

Portugal (inc dependencies)** Please see Lloyd's Authorisation for details of Lloyd's licensing status

Pre-placement considerations

Lloyd's authorisation

Insurance

Lloyd’s underwriters are authorised to write:

  • All classes of insurance on a freedom of services basis, and
  • All classes, except motor vehicle liability and life insurance, on an establishment basis.

Lloyd’s underwriters can accept insurance for the classes listed below on a freedom of services and establishment basis.

Last updated: 26 Oct 2015


Reinsurance

Lloyd's underwriters may write all classes of reinsurance business originating in Portugal.
Last updated: 10 Oct 2014

Definition of risk location

A risk is located in a European Union or European Economic Area member state if it is:

Insurance

(a) A building (and its contents issued under the same policy) situated in that member state.

(b) A motor vehicle, ship, yacht or aircraft registered in that member state.

(c) A travel policy for four months or less taken out in that member state.

For any other type of insurance (including life insurance) the risk is deemed to be located in a member state if the insured is habitually resident in that member state or in the case of a business or organisation, if the establishment to which the contract relates is situated in that member state.

Reinsurance

A reinsurance of an insurer located in that member state.

Last updated: 10 Oct 2014

Definition of Portugal

Unless otherwise stated the definition of Portugal includes the Autonomous Regions of the Azores and Madeira.

For general guidance on identifying the location of a risk please refer to the risk locator.

Last updated: 26 Oct 2015

Compulsory classes

Portugal has a large number of compulsory insurances. Some of the main classes and examples of each are as follows.
 
Third party liability
  • Motor third party liability.
  • Third party liability for Portuguese forwarder entities.
  • Aircraft.
  • Hunters.
  • Workers’ compensation.
  • Fire in respect of apartments and multi-occupancy.
  • Public liability for vessels licensed to carry more than 12 passengers in respect of injury to passengers and damage to their luggage, where the vessel is registered in Portugal or is registered in another country and enters a port in Portugal.
  • Operation of non-scheduled aircraft and microlights.
  • Operation of gas pipelines and docks.
  • Ship-owners in respect of spillage.
  • Private security firms.
  • Driving schools.
  • Money lenders.
  • Travel agents.
  • High-risk industries that are classed as types 1 and 2 under the Responsible Industry System.

Personal accident

  • Apprentices
  • Firemen
  • Amateur sportsmen
  • High competition athletes
  • Civil servants seconded to Madeira.
  • Driving schools.

Professional indemnity

  • Architects
  • Auditors
  • Accountants
  • Insurance brokers and agents
  • Real estate agents

Medical malpractice

  • Private medical consulting rooms and clinics.
  • Clinical trials

Agriculture

  • Areas funded by the European Agricultural Fund for Rural Development.

A list of compulsory insurances is available (in Portuguese language) on the Portuguese regulator's website (www.asf.com.pt).

IMPORTANT NOTE: COMPULSORY INSURANCE WORDINGS MUST BE APPROVED BY THE ASF (Portuguese regulator) PRIOR TO UNDERWRITING THE RISK (ie, before terms are quoted to the insured).

Insurance wordings for compulsory classes of insurance must be approved by the Portuguese regulator prior to use and are subject to Portuguese law. Underwriters wishing to write compulsory classes of business should provide the proposed wordings in Portuguese to Lloyd’s Iberia for onward submission to the regulator.

Last updated: 10 Nov 2016

Routes into Lloyd's

Coverholders

Lloyd's requirements for a coverholder carrying on Portuguese business on behalf of a Lloyd's managing agent

Binding authority held by a Portugal based coverholder
Last updated: 29 Sep 2016

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Binding authority held by a coverholder outside Portugal, in another EEA Member State
Last updated: 03 Aug 2016

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Binding authority held by a coverholder outside Portugal and outside the EEA
Last updated: 03 Aug 2016

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Reinsurance
Last updated: 29 Sep 2016

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Open market correspondents

This information is secured Secure item
Last updated: 27 Oct 2015

Intermediary regulation

Types of intermediary
Last updated: 10 Nov 2016

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General good provisions for EEA insurance intermediaries conducting insurance intermediation activity in Portugal 

Last updated: 16 Nov 2015


Insurance documentation

Market Reform contract guidance

This guidance on completing a Market Reform Contract (MRC) focuses on tax and regulatory checks.

It provides advice on completion of the Fiscal and Regulatory section, plus completion of headings in other sections relevant to fiscal and regulatory compliance.

The guidance below relates to insurance (ie not reinsurance).
Last updated: 10 Oct 2014


Language of contract

 

Last updated: 16 Nov 2015


Choice of law

To meet contract certainty requirements, the insurance contract must contain a choice of law clause.
Last updated: 10 Oct 2014


Jurisdiction

What's new

(001) Quick reference guide**

To meet contract certainty requirements, the insurance contract must contain a jurisdiction clause.

The Revised Brussels I Regulation 1215/2012/EU applies and determines the jurisdiction applicable.

Insurance of large risks: The underwriter can agree with the insured the jurisdiction that will apply to the contract.

Insurance of mass risks: In the event of a dispute, the rules in the Revised Brussels I Regulation determine the EU member state(s), in which a party can bring an action.

Reinsurance: The underwriter can agree with the reinsured the EU member state whose jurisdiction will apply to the contract.

Last updated: 07 Jan 2015


Service of suit

This information is secured Secure item
Last updated: 27 Oct 2015

Lloyd's representation and other contact details

Lloyd's representative

Lloyd’s General Representative and office address in Portugal is as follows:

Mr Juan Arsuaga

Lloyd’s Sucursal em Portugal
c/o Cruz, Menezes & Associados, Sociedade Civil de Advogados, R.L.
Rua Victor Cordon, 10 A, 4º e 5º Pisos
1249-202 Lisboa
Portugal

For enquiries relating to Portuguese business please contact the Lloyd's Iberia office:

Mr Juan Arsuaga
Country Manager
Lloyd's Iberia Representative S.L.U.
Calle Pinar, 7 1a
28006 Madrid
Spain
Email: juan.arsuaga@lloyds.com

Beatriz Ramirez
Head of Legal and Compliance for Spain and Portugal
Email: beatriz.ramirez@lloyds.com

Tel: +44 207 327 7900 or
Tel: +34 91 426 2312
Fax: +34 91 426 2394

Last updated: 27 Oct 2015