At checkout, a new phone often comes with an “all-risk” insurance offer. The deciding question is rarely asked: would the policy pay if the handset vanished from a café terrace table while you looked away? With many policies, no.
- Robbery and theft differ: force, violence or intimidation against a person is treated separately from a quiet snatch, and policies follow that split.
- Exclusions decide value: loss, unattended devices, cosmetic damage and accessories are commonly excluded, with claim caps.
- Deadlines are tight: seven days to report, 40 days for a minimum payment, and 14 calendar days to cancel a remote sale.
Robbery, theft and the clause that decides a claim
Spanish law draws the line. Penal Code article 234 defines theft (hurto) as taking another’s movable property without consent; article 237 reserves robbery (robo) for force to enter a place, or violence or intimidation against people. A mugging or forced car break-in is robbery. A phone vanishing from a metro pocket or bar table, with no touching or threats, is theft — a very common loss.
The OCU warned in 2019 that theft —
“que te quiten el móvil en un despiste”
— was sometimes excluded, and many operators did not even cover robbery. Even included theft can be narrowed: the example policy excludes a device left
“desatendido o sin vigilancia y en un lugar no seguro”
, or taken from an unattended vehicle. What counts as “unattended” is an argument best avoided after a loss. If robbed, block access first; the first hour matters, and anti-theft settings should be enabled beforehand so a thief cannot empty accounts.
Cover, exclusions and the fine print
Policies usually combine five covers: accidental damage, screen breakage, robbery or theft, fraudulent line use, and breakdown outside warranty. Limits vary. Before signing, demand the IPID, the standardised product information sheet required by a 2017 European regulation.
The MásMóvil policy sold with Zurich, in its October 2026 version, covers accidental damage including liquids and simple drops; screen breakage; robbery, expoliación or theft with a replacement device; up to €2,000 a year for fraudulent calls in the 12 hours after robbery; and breakdowns after the legal warranty, which it puts at 36 months. That last cover deserves scrutiny: article 120 of consumer law already gives a three-year guarantee for manufacturing defects, so paying for breakdowns in those first three years largely buys something already held.
Article 3 of the Insurance Contract Act requires clauses limiting rights to be highlighted de modo especial and accepted specifically in writing. A buried, unsigned restriction is leverage. Check:
- Loss: misplacement or forgetting is usually excluded; here it is.
- Claims: the example allows three a year, only one for robbery, theft or expoliación.
- Deductible: paid on each accepted claim; the OCU cited up to €50 in 2019; each policy sets its own.
- Replacement: new or refurbished, or similar specification if discontinued.
- Formalities: police report with IMEI or serial, purchase within 90 days, or an operator line.
- Cosmetics and accessories: scratches, non-functional dents, chargers and headphones are typically out.
Deadlines, complaints and the verdict
Report a claim within seven days unless the policy allows longer (article 16, Insurance Contract Act). Late notice does not automatically void payment, but the insurer may claim delay damage. It must pay the minimum it recognises when checks end and within 40 days of your declaration (article 18). After three months without settlement it is in default, owing interest at the legal rate plus 50% (article 20). Article 18 also permits repair or replacement instead of cash, with your consent.
Online or phone sales can be cancelled within 14 calendar days, without reason or penalty, under article 10 of Law 22/2007 on distance marketing of financial services; Directive (EU) 2023/2673 keeps that window from 19 June 2026.
On rejection, complain in writing to customer service or the customer defender. If there is no response or no reasoned answer, the Directorate-General for Insurance and Pension Funds (DGSFP) can intervene. Its guide requires proof of the prior complaint plus one month for consumers (two months otherwise), or a response, and the letter must be addressed expressly to those services, not any department.
The verdict is duller than the pitch. Cover pays only if it matches the losses you actually suffer. Frequent screen breakage, or fear of street robbery covered without a loose “unattended” clause, can justify the premium. A breakdown in the first three years is already covered by statute. Read the exclusions before signing; they decide the value.