Exclusions of guarantee are defences that the insurer can assert for the first time in an appeal and even when the facts date back more than two years (Cass. 1st civ., 11 Jan. 1989, no 87-17.025, Bull. civ. I, No. 5, and Cass. 1st civ. 87-10.941, Bull. civ. I, No. 246).