THE ESSENTIALS
Before you start
- Compulsory liability insurance has a specific rule on the injured party’s rights.
- Under the general framework, the policy and Article 140’s conditions matter.
- A right to proceed against the insurer does not, by itself, prove compensation is due.
First establish whether the insurance is compulsory
In the special provisions for compulsory liability insurance, Article 146(1) of Portugal’s Insurance Contract Law gives the injured party the right to demand compensation directly from the insurer. That rule does not arise merely because the client has received a document carrying a policy number.
The commercial label Professional liability does not establish that a policy is compulsory. Working through the documents with Clara, Beatriz identifies the activity, any legal provision requiring insurance and the actual policy. Article 146(5) also explains that a voluntary policy failing the legal requirement or containing exclusions contrary to the nature of compulsory cover does not fulfil that obligation.
Under the general framework, the contract and negotiations have their own significance
Article 140(2) allows the policy to provide a right for the injured party to bring an action directly against the insurer, alone or together with the insured. Paragraph 3 also provides for that right where the insured has informed the injured party of the policy’s existence, consequently leading to direct negotiations between the injured party and the insurer.
In that second situation, the statutory wording combines disclosure of the insurance and the start of direct negotiations. Do not treat handing over a certificate alone as proof that all those conditions are met. Applying the provision and any special rules to an actual dispute requires appropriate assessment; this guide does not select defendants or a litigation strategy.
The right to proceed and entitlement to payment are different questions
Article 138 connects the obligation to compensate with the agreed terms and applicable capital limits. Even where a direct right against the insurer exists, liability, damage and the contract still need to be assessed. A certificate does not establish that every alleged error is covered or set a compensation amount.
For compulsory insurance, Article 147 provides for defences available against the injured party, including, under its conditions, policy terms, invalidity and termination. A direct route must therefore not be presented as payment without assessment. Identify the applicable framework rather than transferring a specific profession’s insurance rules to another activity.
Organise the records and use the appropriate process
As practical preparation, gather the full policy, the requirement received and relevant communications. Separate a request for proof for future work from a claim concerning an alleged existing loss. Handle any notice with a deadline promptly with appropriate support, without waiting for a new quotation.
To review future protection at RMACHADO, select Professional liability under Request a quote and describe the actual services. For an existing claim, use Support and claims and the policy’s process. Do not post client documents in comments. A quotation request does not notify the insurer of a claim, issue a certificate or confirm cover.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Identify whether the insurance is compulsory or voluntary.
- Locate the clause and statutory conditions for a direct route.
- Separate standing to proceed, liability and payment.
- Keep communications and meet deadlines through the appropriate channel.
FROM THE ARTICLE TO YOUR SITUATION
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Sources and transparency
Content updated on .
Consultation dates are stated in individual references when available.
Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.
Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.