Spain

Definition of a Complaint

A complaint shall mean a statement of dissatisfaction submitted by a user of a financial service due to delays, neglect or any other failing in the functioning of the financial institution against which the complaint is filed. It also includes complaints, with a view to obtaining compensation for the harm to the user's interest or right, for specific facts about acts or omissions, which are detrimental for the user and that, arise from breaches of the regulations on transparency and customer protection, or of good practices in financial business. A complaint must be submitted to the insurer in writing in order for it to be considered a complaint.

Definition of a complainant

There is no definition of a "complainant" but any individual person or corporate entity that has a right or interest in a policy (e.g., policyholder, insured, beneficiary, third party claimant) is entitled to submit a complaint to an insurer.

Application of Lloyd’s procedure and local complaint regulations

All insurance policies written on a freedom of services or establishment basis.

Timescales

• A prompt acknowledgement of the complaint
• The insurer must issue its final response, in writing, within 10 days after it has made a decision on the complaint and at the latest within two months of receiving the complaint.

External Dispute Resolution

Dirección General de Seguros y Fondos de Pensiones /

Directorate General of Insurance and Pension Funds

Paseo de la Castellana, 44

28046 Madrid

Spain

Tel: 902 19 11 11

www.dgsfp.mineco.es/reclamaciones

Complaints from individuals and corporate entities may be referred to the insurance regulator, the Directorate General of Insurance and Pension Funds (DGS). The DGS deals with complaints in respect of mass risks written by local and EEA insurers.

Lloyd’s Complaint Notice

A new complaints notice for Spain LSW1863 has been produced.

It is available on the Lloyd’s Wordings Repository and is referenced in the Pre contractual notification and Insurance documents sections of Crystal.

Lloyd’s has set out the process to be followed for international (non-UK) complaints in Market Bulletin Y4961 – International Complaints Handling: Expansion of New Procedures. For Spanish complaints the process to be followed is modified in a number of respects as set out in Market Bulletin Y4961. These changes reflect local regulatory and legal requirements and market practice.

Lloyd’s arrangements for international complaints are intended to allow for the oversight of complaints handling, consistent with the regulatory expectations of the UK Financial Conduct Authority (FCA), whilst allowing flexibility for managing agents in the way they handle complaints in accordance with local rules.