It is the causal link between the exclusion case as set out in the insurance contract and the event that causes the loss.
Thus, he was tried in a judgment of the Court of Cassation dated 12 May 2011 (Civ.II, 12 May 2011, n°1017256), regarding an exclusion clause, that such a clause should not be applied, excluded event not being the cause of the claim :
“Whereas to dismiss Mr. X… from its claim for warranty, the judgment held that the insured cannot obtain, under the exclusion of warranty of Article 15, the theft guarantee when he exited the vehicle leaving the keys on the starter, which was the case in the present case ; that Mr. X… is not justified in taking advantage of the violence suffered when these were not assented to him to extract him from the vehicle and seize it but to resist his attempt to extract the thief who had settled at the wheel ; that the violence was not perpetrated for the purpose of committing the theft but occurred subsequently ;
That by ruling in this way, on grounds from which it follows that the theft was perpetrated because of the violence committed on Mr. X…, and not by the mere fact of the presence of the keys on the starter of the vehicle of the latter, the Court of appeal violated the aforementioned text ; ON THESE GROUNDS, BREAKS AND CANCELS (…) »