Also, the Court of Cassation considers that at the time of the conclusion of the contract, the insurer has the obligation to ask the insured specific questions involving the disclosure of information relating to the risk that the insurer intends to take.
The reasoning of the Court of Cassation is very protective of the insured : in the absence of any questionnaire and failure to ask the insured relevant and precise questions, the insurer can not oppose the insured the nullity of the insurance contract and refuse, therefore, the payment of the insurance indemnity.