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INSURANCE NEWS
25 March 2021 CAR THEFT WITHOUT BREAKING AND ENTERING. HOW TO OBTAIN THE INSURANCE INDEMNITY IN THE ABSENCE OF ANY TRACE OF BREAK-INS?
CAR THEFT WITHOUT BREAKING AND ENTERING. HOW TO OBTAIN THE INSURANCE INDEMNITY IN THE ABSENCE OF ANY TRACE OF BREAK-INS ...
25 March 2021 LATE PAYMENT OF INSURANCE ALLOWANCE
You have been contributing to your insurance policy for years by paying monthly insurance premiums to your insurer. The loss ...
25 March 2021 PROOF OF THE CLAIM RESULTING FROM A JUDICIAL EXPERTISE : AT WHAT COST ?
Particularly expensive building expertise. One in two civil expertise has a cost of less than 1, 500 euros. The average ...
25 March 2021 PROOF OF THE CONTENT OF THE INSURANCE CONTRACT BY THE INSURED
It is up to the insurer to prove the exclusion clause that it opposes to its insured. On the other ...
25 March 2021 PROOF OF INSURANCE CONTRACT BY THIRD PARTY VICTIM
The victim exercising the direct action against the insurer is not exempt from the obligation to establish the existence of ...
25 March 2021 THE ADAPTE ADVISORY OBLIGATION PLAYS WITH GREATER INTENSITY IN THE PRESENCE OF A COMPLEX INSURANCE OPERATION
Court of Cassation, 4 June 2014 Appeal no: 13-12770 The operation consisting of the successive subscription of several optional supplementary ...
25 March 2021 WARNING OBLIGATION: THE INSURANCE AGENT MUST INFORM THE INSURED OF THE CHANGE IN THE CONTENT OF THE GUARANTEE
The insurer must draw the attention of the insured to the possible reduction of the guarantee. This is the meaning ...
25 March 2021 THE BROKER MORE EASILY SATISFIES HIS DUTY OF ADEQUATE ADVICE IN FRONT OF THE INFORMED INSURED
It is settled case law that if the insurer is obliged to provide information on the characteristics of the proposed ...
25 March 2021 ANNEXES TO THE INSURANCE CONTRACT-QUESTION OF EFFECTIVENESS AGAINST THE INSURED
The question that often arises is : is a schedule not signed by the insured enforceable against the insured? Such ...
25 March 2021 CONDITIONS OF VALIDITY OF THE REVOCATION CLAUSE
The applicability of this clause is not automatic, which means that the refusal by the insurer can be challenged if ...
25 March 2021 LAPSE OF GUARANTEE: BASIS FOR REFUSAL OF COMPENSATION
This is another way the insurer has to deny you compensation. It is an exception enforceable by the insurer that ...
25 March 2021 WARRANTY EXCLUSIONS MAY BE RAISED FOR THE FIRST TIME IN APPEAL
Exclusions of guarantee are defences that the insurer can assert for the first time in an appeal and even when ...
25 March 2021 THE EVENT EXCLUDED FROM THE INSURANCE GUARANTEE MUST BE AT THE ORIGIN OF THE CLAIM
It is the causal link between the exclusion case as set out in the insurance contract and the event that ...
25 March 2021 EXCLUSION CLAUSES MUST BE PROVEN BY THE INSURER AND NOT BY THE INSURER
Court of Cassation, 23 October 2019, Appeal number: 18-14140 The Court of Cassation recalls that the exclusion clauses must be ...
25 March 2021 LEGAL EFFECTS OF THE STATEMENT “ACCEPT AND READ” ON THE LAST PAGE OF THE INSURANCE CONTRACT
The signature of the specific conditions alone may mean, under certain conditions, the overall acceptance by the insured of the ...
25 March 2021 ADDENDUM TO THE INSURANCE CONTRACT MUST BE ACCEPTED BY THE INSURED
Proof of acceptance is the responsibility of the insurer. (Cass., 2nd ch. civil, 21 April 2005, n ° 653 FS-P ...
25 March 2021 SILENCE OF THE INSURED DOES NOT CONSTITUTE ACCEPTANCE OF THE EXCLUSION CLAUSE
Knowledge of an exclusion or guarantee clause is not presumed and must be proven by the insurer. Thus, he was ...
25 March 2021 AN EXCLUSION CLAUSE MUST BE KNOWN TO THE INSURED AND ACCEPTED BY THE LATTER AT THE LATEST AT THE TIME OF SIGNING THE INSURANCE CONTRACT
The Court of Cassation therefore considers that whatever the nature of the disputed clause that delimits the insurer’s risk (exclusion, ...
25 March 2021 THE EXCLUSION CLAUSE MUST NOT EMPTY THE GUARANTEE OF ALL THE SUBSTANCE
Court of Cassation, Civil Chamber 3, 24 March 2015, 13-25. 737 : “The clause excluding” damage resulting from the conscious, ...
25 March 2021 THE INSURED MUST BE ABLE TO UNDERSTAND FROM THE FIRST READING IN WHICH CASES IT WILL NOT BE INSURED
For example, the insurance contract does not contain a definition of the term “computer configuration” or provides that the service ...
25 March 2021 AN EXCLUSION CLAUSE MUST BE FORMAL AND LIMITED
Article L. 113-1 of the Insurance Code which states that : “Losses and damages caused by fortuitous events or caused ...
25 March 2021 WARRANTY EXCLUSIONS: CAUSE OF THE INSURER’S REFUSAL OF YOUR RIGHT TO INSURANCE COMPENSATION
Does the insurer refuse you the payment of the insurance indemnity on the grounds that the risk is excluded ? ...
25 March 2021 REFUSAL OF INSURANCE ON THE GROUNDS THAT THE INSURED DOES NOT COMPLY WITH A CONDITION OF GUARANTEE
Legally speaking, it is a question of the effectiveness against the insured of a guarantee condition charged to the insured ...
25 March 2021 REFUSAL OF WARRANTY BECAUSE OF A CONDITION NOT RESPECTED BY THE INSURED
Your insurer refuses compensation on the grounds that there is a condition of coverage that you have not met? A ...
25 March 2021 INTENTIONAL MISCONDUCT-WILLFUL MISCONDUCT DEPRIVING THE INSURANCE CONTRACT OF ITS RANDOMNESS?
At the beginning of the 2010s, an innovative jurisprudence developed within the Court of Cassation which considered that intentional misconduct ...
25 March 2021 INTENTIONAL MISCONDUCT – CAUSE OF INSURER’S REFUSAL
Article L. 131-1 paragraph 2 of the Insurance Code states : “the insurer is not liable for losses and damages ...
25 March 2021 LATE DECLARATION OF THE CLAIM : WHAT PENALTY?
Court of Cassation, Civ. II, 4 July 2019, n°18-18444 On July 4, the 2nd Civil Chamber of the Court of ...
25 March 2021 LATE CLAIM DECLARATION – CAUSE OF REFUSAL OF COMPENSATION
The risk provided for by the insurance contract has come true. This is the circumstance that triggers the application of ...
25 March 2021 PROOF OF PURCHASE
REFUSAL OF COMPENSATION IN CASE OF THEFT OF THE VEHICLE PURCHASED IN CASH At the time of the conclusion of ...
