This is a refusal without any valid reason. Such a lack of contractual loyalty sometimes takes the form of an undue reluctance that the courts sanction in certain cases by the award of damages when the insurer improperly resists the payment of the insurance indemnity while knowing that the guarantee is acquired.
Thus, he was tried by the High Court in a judgment of 27 May 1975 (Civ. I, 27 May 1975, appeal: 74-11. 265) that the undue resistance of an insurance company to the insured’s application for a guarantee is characterized when the guarantee is deduced from the very terms of the policy, which is the work of the insurer.