The combination of extreme weather events, new European regulatory requirements and rising litigation is forcing companies to review their cover programmes and risk management strategies.
Although industrial civil liability has traditionally focused on protection against personal injury, property damage and financial loss caused to third parties, so-called ‘extraordinary risks’ are now taking on particular significance, the management of which falls largely to the Insurance Compensation Consortium (CCS).
A new risk landscape for industry
Spanish industrial companies are currently facing greater exposure arising from:
- Extreme weather events (floods, cold air masses and cyclonic storms).
- An increase in claims for environmental damage.
- New risks associated with pollutants such as PFAS.
- Higher costs of compensating for personal injury and property damage.
- Tighter European regulations on sustainability, artificial intelligence and class actions.
This context has led insurers to adopt greater technical segmentation, adjusting premiums, excesses and compensation limits according to the actual level of exposure for each industrial activity.
The role of the Insurance Compensation Consortium
In Spain, extraordinary risks are covered by a unique system managed by the Insurance Compensation Consortium (CCS), a public body under the Ministry of Economy. The CCS intervenes when certain extraordinary events occur, including:
- Extraordinary floods.
- Earthquakes.
- Volcanic eruptions.
- Unusual cyclonic storms.
- Acts of terrorism.
- Events of an extraordinary political or social nature.
It should be noted that the Consortium does not replace the insurer when the latter rejects a claim, but only acts in the cases expressly provided for by Spanish regulations.
Regulatory developments for 2026
One of the main developments in this area has been the approval of the Resolution of 30 December 2025 by the Directorate-General for Insurance and Pension Funds, which came into force on 1 January 2026.
The regulation updates:
- The compulsory surcharges intended to finance the extraordinary risks system.
- The cover clause included in standard policies.
- The information that insurers must provide to the CCS.
- The classification of certain industrial and commercial risks.
Furthermore, differentiated rates for high-volume industrial risks are maintained, with reduced rates applying when the sum insured exceeds 600 million euros.
Against this backdrop, industrial organisations will need to strengthen their risk management policies by:
Reviewing their industrial third-party liability policies
It is advisable to check:
- Indemnity limits.
- Sub-limits for accidental pollution.
- Cover for environmental damage.
- Cover for loss of profits.
- Exclusions relating to extraordinary events.
Updating business continuity plans: The DANAS recorded in recent years have highlighted the vulnerability of numerous Spanish industrial facilities, particularly in flood-prone areas.
Climate risk assessment: Insurers are increasingly demanding information on:
- Geographical location.
- Preventive measures.
- Protection systems.
- Emergency protocols.
A stronger culture of prevention: Investments in prevention are beginning to become a key differentiator in securing better insurance terms.
What does the future hold…?
The Insurance Compensation Consortium’s 2026–2028 Strategic Plan includes a specific pillar entitled ‘High-impact situations’, aimed at strengthening the capacity to respond to increasingly frequent extraordinary events.
All the signs suggest that industrial liability insurance will evolve from a reactive model, focused solely on compensation, towards a preventative model based on:
- Advanced risk management.
- Business resilience.
- Climate adaptation.
- Operational sustainability.
Conclusion:
The increase in extraordinary events and regulatory developments are redefining industrial liability insurance in Spain. Companies that integrate risk prevention and management as strategic elements will be better prepared to face an increasingly complex and demanding environment.
At Belzuz Abogados S.L.P., as a law firm specialising in Insurance Law and Civil Liability, we are available to advise you on the impact of this reform, both from the perspective of insurance practice and in defending the interests of victims and policyholders.