Alcance del sistema mutual a través de los Clubes P&I, de cara a la cobertura de los seguros marítimos en el mercado asegurador ecuatoriano

Abstract

The purpose of the article is to determine whether the marine insurance coverage provided by the Ecuadorian market is sufficient to protect the interests of shipowners and companies in the maritime sector. From an analysis of the Ecuadorian legislation, it is concluded that P&I Clubs are not contemplated in the law nor have they been discussed by Ecuadorian doctrine or case law, but only by a few research works carried out by university students. Consequently, after applying a qualitative methodological approach in the analysis of the case, we conclude that hull and machinery insurance, being the main insurance offered in the Ecuadorian insurance market, is essential to protect the vessel and its equipment against damages and material losses. However, to cover additional and heavier risks, as well as claims against third parties in the development of the maritime activity, the policies of P&I clubs become fundamental, since they provide a broader and more specific coverage for civil liabilities and other risks associated with the maritime business and that in view of a possible downward trend in the contracting of maritime insurance in the country, it is important to study the possibility of creating a small Ecuadorian P&I club under the figure of a non-profit organization.