Insurance law

As a rule, two years from the event giving rise to the claim, with specific rules on interruption. This deadline should be monitored from the moment the claim is notified.

The time limit is set by the policy but cannot be less than five working days from when the policyholder becomes aware of the loss. It is two working days for theft, and no later than thirty days after publication of the natural disaster order. Late reporting only leads to loss of cover if the policy so provides and the delay caused harm to the insurer.

Official source: Service-Public.fr (official page)

First obtain the reasons for the refusal in writing and check the policy clauses relied on. A complaint can be sent to the insurer's complaints department and then, if the answer is unsatisfactory, to the insurance ombudsman, free of charge. The court can then be seised. Beware of the two-year time limit for claims against the insurer, which can be interrupted in particular by a registered letter.

Official source: Insurance Ombudsman (La Médiation de l'Assurance), Service-Public.fr (official page)

No. The Insurance Code requires exclusions to be formal and limited, meaning drafted clearly and precisely without emptying the cover of its substance, and to appear in very conspicuous characters in the policy. An ambiguous or overly general exclusion may be set aside by the court. It is for the insurer to prove that the conditions of the exclusion are met.

An intentional misrepresentation of the risk, at inception or during the policy, renders the policy void where it changed the subject of the risk or reduced the insurer's assessment of it; premiums paid are retained by the insurer. If the misrepresentation was not intentional and is discovered after a loss, the indemnity is reduced in proportion to the premiums paid compared with those that would have been due.

For motor and home insurance, as for some other policies covering individuals, the policyholder may cancel at any time after the first year, free of charge; cancellation takes effect one month after receipt of the request. Borrower insurance can be cancelled at any time. Otherwise, cancellation normally takes place on the annual renewal date or for a reason provided by law (moving house, change of circumstances, etc.).

Official source: Service-Public.fr (official page), Service-Public.fr (official page) (2)

Yes, if the policy so provides. The insurer must then give one month's notice, and the policyholder may, within the following month, cancel the other policies taken out with the same insurer. The portion of the premium for the period no longer covered must be refunded. Specific rules apply depending on the type of policy.

Official source: Service-Public.fr (official page)

The assessment is often based on the report of the expert appointed by the insurer. The policyholder may be assisted by their own expert for a joint assessment; some policies cover the expert's fees. If disagreement persists, the policy may provide for a third expert, and the court can order a judicial expert assessment. The two-year time limit for claims must be monitored.

Natural disaster cover, included in property insurance policies, applies when an interministerial order recognises a state of natural disaster. The loss must be reported no later than thirty days after publication of the order. The insurer must pay an advance within two months of receiving the estimate of losses or of publication of the order, and the indemnity within three months. A statutory excess remains payable by the policyholder.

Official source: Service-Public.fr (official page)

Between insurers, water damage in buildings is largely handled under an industry agreement (the IRSI convention), which designates the insurer responsible for managing the claim, often the insurer of the occupant of the damaged premises for the most common damage. This agreement organises claims handling between insurers but does not deprive the victim of their rights against the person responsible. The loss must be reported to one's own insurer, with a joint report form where possible.

Many professions are subject to compulsory professional liability insurance, including health professions, regulated legal professions, estate agents and insurance intermediaries. In construction, builders must take out ten-year liability insurance, and the project owner must take out dommages-ouvrage insurance. For other activities, professional liability insurance remains strongly recommended.

Yes. Before the policy is concluded, the insurance distributor (insurer, broker or agent) must identify the customer's demands and needs and offer a policy consistent with them, providing clear information on the product. A breach of this duty can give rise to liability if the customer ends up inadequately covered because of unsuitable advice.

The borrower can switch borrower insurance at any time, provided the new policy offers equivalent cover. The health questionnaire is abolished for home loans where the insured share does not exceed €200,000 per person and the loan ends before the borrower's 60th birthday. The right to be forgotten means certain cancers or hepatitis C need not be declared five years after the end of treatment without relapse.

File a complaint with the police or gendarmerie, report the theft to the insurer within two working days, and gather proof of the value of the items (invoices, photos, valuations). Cover conditions vary between policies: some require signs of forced entry or specific security measures. Compensation is calculated according to the policy terms, with or without deduction for wear and tear.

Anyone who thinks they may be the beneficiary of a life insurance policy taken out by a deceased person can query AGIRA free of charge, which forwards the request to insurers. Once the required documents are received, the insurer has one month to pay the capital, failing which late-payment interest is due. The beneficiary in principle has ten years to act from the day they learned of the death.

Yes. A person who has suffered damage has a direct action against the liability insurer of the person responsible, without having to sue that person first. The insurer can rely on the policy's limits and exclusions against the victim, except where the law provides otherwise, notably in compulsory motor insurance.