REFUSAL OF WARRANTY BECAUSE OF A CONDITION NOT RESPECTED BY THE INSURED

Your insurer refuses compensation on the grounds that there is a condition of coverage that you have not met?

A study of such a refusal is necessary.

WHO MUST PROVE THE WARRANTY CONDITION ?

Proof is the responsibility of the insured, unlike an exclusion clause. If a clause requires the insured to take a preventive measure, the insured must provide proof that the measure has been put in place (Civ. I, 6 April 2016, n°14-29611).

First of all, the insurer must invoke a condition expressly provided for in the insurance contract that has been specifically brought to your attention.