If I have two insurance policies covering the same thing, which one do I claim on?

With property and liability insurance, such as home insurance, you can claim from either insurer what it owes you under its policy, but between them they will not pay you more than the loss. Each insurer is liable in proportion to its sum insured. An insurer that pays more than its share recovers the difference from the other. You must notify both insurers of the claim and tell each one about the other policy. It is different with life and personal accident insurance, because you are paid under every policy.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

Property and liability insurance

  • Notify each insurer of the claim within seven days, giving the name of the other.
  • Each pays in proportion to what it insures. If one insures 60.000 euros and the other 40.000, the first pays 60 % of the loss and the second 40 %.
  • You can ask each insurer for what is due to you under its policy, without exceeding the total loss. An insurer that pays more than its share recovers the difference from the other.
  • If you deliberately concealed the other policy and the two together clearly exceed what the property is worth, the insurers may not have to pay.

Personal insurance

Life and personal accident insurance do not indemnify a loss but pay an agreed sum. That is why every policy pays out, however many there are. What you cannot recover twice is the same medical expense, because policies that reimburse expenses only pay what you have spent. With personal accident insurance, the law requires you to disclose any other such policies you have. If you do not, the insurer can only claim from you for the loss this causes it and cannot deduct anything from what it pays.

Common cases

  • Home insurance and the owners' association's insurance, when both cover the same part of the home. Notify both insurers and claim from both. The rule that each pays in proportion is designed for policies taken out by the same person, so what each policy says carries great weight here.
  • The travel insurance you took out and the insurance that comes with the card you used to pay for the trip, if both cover cancellation. Read the card's terms, because some only pay what the other policy does not cover.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.