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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 ?

It is important to check whether the contractual document underlying the insurer’s refusal has been brought to your attention and accepted. This is not always the case.

An exclusion clause is simply a “hole”in your insurance contract, in your warranty. The risk or circumstance that your insurer considers excluded. Still, your insurer must ensure that at the time of conclusion of the insurance contract this exclusion complies with a number of legal conditions imposed by the legislator.

These clauses are regularly “challenged” by the courts.

Their validity is therefore not automatic because, to be valid, they must comply with a fairly rigorous editorial formalism, on the one hand, and, on the other hand, must be brought to the attention of the insured at the latest at the time of signing the insurance policy.