Obligation of payment and direct action against P and I insured

Abstract

Insured and liability insurer have joint and several liability. Besides, damage parties have a legal right to file a direct action against the insurer to be compensated. Direct action against the P&I insurer is recognized in some international treaties of which Spain is a party and in article 465 of the 2014 Maritime Navigation Law, with imperative character. It has also been previously admitted by the case law of the Supreme Court in a judgment of 2009 and in the case of the «Prestige» case in 2016. However, when P&I insurance is subject to a foreign law that does not admit it, such as the English, it is a pending issue of jurisprudential solution. It must be considered that the direct action is part of the Spanish public order, because the civil liability insurance is not only intended to protect the assets of the insured, but also the compensation of the injured party, both in voluntary and in mandatory insurances.