Insurance contract requires explicit declaration for third-party coverage; presumption is rebuttable and insufficient without policy statement.

The Tribunal da Relação de Lisboa confirmed the lower court's dismissal of the appeal regarding a third-party insurance claim. The plaintiff argued that the presumption of coverage under Article 428 of the Commercial Code applied by default, while the defendant contended that explicit declaration in the policy was mandatory. The court ruled that the presumption is merely rebuttable and does not override the contractual requirement for a specific declaration to establish coverage.