/ INSURANCE NEWS / AN EXCLUSION CLAUSE MUST BE FORMAL AND LIMITED

AN EXCLUSION CLAUSE MUST BE FORMAL AND LIMITED

Article L. 113-1 of the Insurance Code which states that :

“Losses and damages caused by fortuitous events or caused by the fault of the insured are the responsibility of the insurer, except for a formal and limited exclusion contained in the policy “.

The legislator’s goal is for the insured to know precisely in what cases and under what conditions he is guaranteed. The insurance contract is a formalistic contract. The exclusion clauses are subject to very strict editorial formalism and the exclusion clause is not valid if it leaves the insured in the ignorance of the hypotheses in which it is not guaranteed.