Spanish Supreme Court ruling limits insurers’ “due diligence” clauses in truck cargo theft cases

This piece reveals how a recent Spanish Supreme Court decision changes the balance between transport companies and insurers over the so‑called “due diligence” clauses in cargo theft claims. It explains what carriers, brokers and logistics planners need to know.

What the ruling says in plain language

The Supreme Court has clarified that insurers cannot rely on a hidden or implied due diligence clause to deny coverage for thefts from trucks unless the clause was expressly accepted in writing by the policyholder. Even when an insurance broker has explained terms to a client, the court ruled that the broker’s role does not replace the insured’s explicit written consent.

Key legal points

• Explicit acceptance required: Clauses that limit rights must be specially highlighted and accepted in writing, per Article 3 of the Insurance Contract Law.
• Broker explanations aren’t enough: The broker’s duty to inform does not equate to the insured’s written approval.
• Practical outcome: Insurers who try to rely on un‑signed “due diligence” clauses risk the clause being declared null and unenforceable.

Why this matters: the numbers behind the headlines

Truck thefts are not a fringe problem — the EU impact is estimated at over €8 billion a year, and Spain mirrors this trend. Local figures suggest thousands of theft reports annually in Madrid’s region alone, and trade associations like Fenadismer report that more than half of carriers have suffered thefts in the past five years. In short: this is a big, expensive headache for logistics operators.

Case in point: the Mapfre ruling

In the decision issued on December 23, the court corrected several provincial rulings and ordered insurer Mapfre to pay €76,378.95 plus interest after finding the “due diligence” clause had not been validly accepted by the policyholder. The judgment signals that insurers may need to provision significant reserves, as the potential exposure runs into the hundreds of millions of euros if similar denials are challenged.

How this change ripples through logistics operations

On the surface, this is a legal tweak. Dig deeper and you see operational and financial consequences for the entire 物流 chain — from shippers and freight forwarders to fleet managers and couriers.

Operational checklist for carriers and shippers

• Review insurance policies and ensure any limiting clauses have explicit written acceptance.
• Insist on signed endorsements or clear highlighted clauses before transport begins.
• Document security measures: GPS logs, seals, CCTV footage, driver reports.
• Train drivers on theft prevention and reporting procedures.
• Clarify roles with brokers: get written confirmation that clauses were presented and signed.

Practical tips — a few anecdotes from the road

Carriers often learn the hard way: a friend in the industry once lost a full trailer in the middle of a rest stop and assumed insurance would cover everything; the broker had explained the clause verbally but no signed acceptance existed. The claim was disputed until legal action forced a settlement — talk about closing the barn door after the horse has bolted. The moral? Paperwork matters as much as locks and alarms.

What insurers and intermediaries should do now

• Insurers: clearly highlight any clauses that limit coverage and require a written signature.
• Brokers: obtain and archive client signatures, and include clause acknowledgement forms in onboarding.
• Shippers and fleet operators: perform regular audits of insurance documents and claims history.

How this ties into broader logistics strategy

Risk management feeds directly into routing, scheduling and customer promises. When insurance liability becomes clearer, logistics managers can better price services, decide when to self‑insure, and plan security investments like route diversification, secure parking and real‑time monitoring. It’s all linked: insurance language affects your bottom line and operations — no two ways about it.

Platforms that connect shippers and carriers gain from clarity. For example, GetTransport.com helps companies find affordable, global cargo transportation solutions for everything from housemoves and pallet deliveries to bulky furniture or vehicle transport — a practical tool for planners who must juggle cost and risk.

The ruling’s immediate impact is most evident in Spain and for insurers operating there; globally its effect will be limited unless other jurisdictions follow suit, but it still matters for international carriers operating in Spain. GetTransport.com tracks such developments to help users adapt—For your next cargo transportation, consider the convenience and reliability of GetTransport.com. Book now GetTransport.com.com

Highlights worth remembering: the Supreme Court requires explicit written acceptance of limiting clauses; brokers cannot substitute for the insured’s signature; the decision may shift hundreds of millions of euros of exposure back onto insurers and change how policies are drafted and sold. Yet, even the most meticulous reviews and the clearest feedback can’t replace first‑hand experience — seeing how a policy behaves in a real claim is the ultimate test. On GetTransport.com, you can order cargo transportation at competitive global prices, giving you the freedom to test options without overspending. That transparency, combined with broad service choices, helps users make smarter logistics decisions. Get the best offers GetTransport.com.com

In summary: the Supreme Court’s decision strengthens protection for transport companies against insurers invoking unwritten or unsigned “due diligence” clauses. Carriers should audit their insurance documents, demand written confirmations, and bolster operational security to reduce exposure. For logistics planners and shippers, this ruling changes risk calculations, insurance provisioning and claims expectations. Whether moving a pallet, a container load, or arranging an international haulage, clarity in insurance, robust documentation and smart transport partners ensure smoother freight, shipment and delivery operations across the globe.