Court of Cassation, 4 June 2014
Appeal no: 13-12770
The operation consisting of the successive subscription of several optional supplementary pension insurance contracts, provided for by the law called “Madelin Law”, requires from insurance professionals information adapted to the complexity of this operation, and advice on the compliance of the assembly to the personal situation of the insured subscriber.
A court of appeal found that a broker fulfilled its duty to provide information and advice by providing the insured with an information notice clearly summarizing the operation of each of the five contracts entered into. The Court of Cassation quashed the judgment on the grounds that information adapted to the complexity of the overall transaction was not provided to the policyholder in such a way as to alert him to the increased risks of loss of tax benefits, so that the broker did not verify whether this complex arrangement corresponded to the personal situation of the person concerned with regard to long-term savings.