The court of cassation States, in a judgment of 8 September 2016, q(judgment n° 15-16.890), that :
“the action for repetition of the undue payment of the insurer is prescribed, regardless of the source of the undue payment, according to the Applicable Common Law, in the absence of special provisions for quasi-contracts “.
In that judgment, the insurer had summoned its insured to action for repetition of the undue on the ground that it considered that it had wrongly paid sums which were not due to the insured as a result of the loss.
The insured tried to oppose the prescription of article 114-1 of the Insurance code which provides that any action deriving from an insurance contract is prescribed by two years.
The court of cassation considers this article of the insurance code inapplicable in the case of this case and affirms that the limitation period is five years.