/ INSURANCE NEWS / THE INSURER TERMINATES THE INSURANCE POLICY: MANDATORY LEGAL FORMALISM

THE INSURER TERMINATES THE INSURANCE POLICY: MANDATORY LEGAL FORMALISM

It should be noted that the contract that has not been regularly terminated by the insurer remains in force as of right.

With regard to termination, article L. 113-2 of the Insurance code sets out the conditions that the insurer must comply with.

The Court of Cassation scrupulously ensures that insurers comply with the legal requirements of article L. 113-2 of the insurance code. This article provides for the obligation of the insurer to issue an LR/AR.

Thus, for example, it was held by the High Court that :

– The sending of a registered letter prescribed by article L. 113 – 12 of the insurance code is a substantial formality that the insurer cannot arbitrarily and unilaterally evict to denounce the policy (Civ. I, 15 May 2015, n°14-11894) ;

– The contract that has not been regularly terminated by the insurer is automatically perpetuated over time (Civ. I, 7 March 1989, No. 87-12034).