Liability insurance
To fully understand the legislation concerning liability insurance ...
Article L.124-1 of the Insurance Code: condition for applying for liability insurance.
“In liability insurance, the insurer is only liable if, following the harmful event provided for in the contract, an amicable or legal claim is made against the insured by the injured third party. »
Article L. 124-1-1 of the Insurance Code: definition of the harmful event linked to liability insurance.
For the purposes of this chapter, a claim is any damage or set of damages caused to third parties, engaging the responsibility of the insured, resulting from a harmful event and giving rise to one or more claims. The harmful event is that which constitutes the cause of generating the damage. A set of harmful facts having the same technical cause is assimilated into a single harmful fact. »
Article L.124-2 of the Insurance Code:
« The insurer can stipulate that no acknowledgment of responsibility, no transaction, intervened outside him, cannot be set up against him. The admission of the materiality of a fact cannot be assimilated to the recognition of responsibility. "
Article L.124-3 of the Insurance Code: condition for the exercise of the insurer in the event of liability insurance.
"The insurer may not pay to anyone other than the injured third party all or part of the sum due by him, as long as this third party has not been disinterested, up to the amount of the said sum, for the pecuniary consequences of the harmful event has resulted in the liability of the insured. »
Article L.124-4 of the Insurance Code: liability linked to the road.
"In the case provided for by article L.25-1 of the Highway Code, as it is said in this article" the insurer of the owner of the vehicle is bound to guarantee within the limits of the contract the repair of the damage caused to the third party except for recourse, if need be, against the public authority which, by its fact, caused the damage has given rise to the responsibility of the insurer and without an increase in the premium being able to result for the owner. A ruling is made on this appeal as well as on any action for liability in the event of non-insurance of the vehicle under the conditions provided for by article 1 of lawn ° 57-1424 of December 31, 1957. ”
Article L.124-5 of the Insurance Code: triggering of the guarantee by the harmful event.
“The guarantee is, depending on the choice of the parties, triggered either by the harmful event or by the claim. However, when it covers the liability of natural persons outside their professional activity, the guarantee is triggered by the harmful event. A Conseil d'Etat decree may also impose one of these triggering methods for other guarantees.
The contract must, as the case may be, reproduce the text of the third or fourth paragraph of this article.
The guarantee triggered by the harmful event covers the insured against the pecuniary consequences of claims, as soon as the harmful event occurs between the initial entry into force of his guarantee and its date of termination or expiration, whatever the date other constituent elements of the claim.
The guarantee triggered by the claim covers the insured against the pecuniary consequences of claims, as soon as the harmful event occurs before the date of termination or expiry of the guarantee, and the first claim is addressed to the insured or to its insurer between the initial entry into force of the guarantee and the expiration of a period subsequent to its date of termination or expiration mentioned by the contract, regardless of the date of the other components of the claims.
However, the guarantee does not cover claims for which the harmful event has been known to the insured after the date of termination or expiration unless, at the time when the insured became aware of this harmful event, this guarantee does has not been re-subscribed or has been re-subscribed on the basis of triggering by the harmful event. The insurer does not cover the insured against the pecuniary consequences of claims if it establishes that the insured was aware of the harmful event on the date of subscription of the guarantee.
The subsequent period of guarantees triggered by the claim cannot be less than five years. The limit of the guarantee triggered during the subsequent period cannot be lower than that of the guarantee triggered during the year preceding the date of termination of the contract. A longer period and a higher level of subsequent guarantee may be fixed under the conditions defined by decree.
When the same claim is likely to bring into play the guarantees provided by several successive contracts, the guarantee triggered by the harmful event having taken effect after the effective date of lawn ° 2003-706 of August 1, 2003, is called in priority, without application of the fourth and fifth paragraphs of article L.121-4.
The provisions of this article do not apply to insurance guarantees for which the law provides other conditions for the application of the guaranteed overtime. "
Article L.124-1 of the Insurance Code: condition for applying for liability insurance.
“In liability insurance, the insurer is only liable if, following the harmful event provided for in the contract, an amicable or legal claim is made against the insured by the injured third party. »
Article L. 124-1-1 of the Insurance Code: definition of the harmful event linked to liability insurance.
For the purposes of this chapter, a claim is any damage or set of damages caused to third parties, engaging the responsibility of the insured, resulting from a harmful event and giving rise to one or more claims. The harmful event is that which constitutes the cause of generating the damage. A set of harmful facts having the same technical cause is assimilated into a single harmful fact. »
Article L.124-2 of the Insurance Code:
« The insurer can stipulate that no acknowledgment of responsibility, no transaction, intervened outside him, cannot be set up against him. The admission of the materiality of a fact cannot be assimilated to the recognition of responsibility. "
Article L.124-3 of the Insurance Code: condition for the exercise of the insurer in the event of liability insurance.
"The insurer may not pay to anyone other than the injured third party all or part of the sum due by him, as long as this third party has not been disinterested, up to the amount of the said sum, for the pecuniary consequences of the harmful event has resulted in the liability of the insured. »
Article L.124-4 of the Insurance Code: liability linked to the road.
"In the case provided for by article L.25-1 of the Highway Code, as it is said in this article" the insurer of the owner of the vehicle is bound to guarantee within the limits of the contract the repair of the damage caused to the third party except for recourse, if need be, against the public authority which, by its fact, caused the damage has given rise to the responsibility of the insurer and without an increase in the premium being able to result for the owner. A ruling is made on this appeal as well as on any action for liability in the event of non-insurance of the vehicle under the conditions provided for by article 1 of lawn ° 57-1424 of December 31, 1957. ”
Article L.124-5 of the Insurance Code: triggering of the guarantee by the harmful event.
“The guarantee is, depending on the choice of the parties, triggered either by the harmful event or by the claim. However, when it covers the liability of natural persons outside their professional activity, the guarantee is triggered by the harmful event. A Conseil d'Etat decree may also impose one of these triggering methods for other guarantees.
The contract must, as the case may be, reproduce the text of the third or fourth paragraph of this article.
The guarantee triggered by the harmful event covers the insured against the pecuniary consequences of claims, as soon as the harmful event occurs between the initial entry into force of his guarantee and its date of termination or expiration, whatever the date other constituent elements of the claim.
The guarantee triggered by the claim covers the insured against the pecuniary consequences of claims, as soon as the harmful event occurs before the date of termination or expiry of the guarantee, and the first claim is addressed to the insured or to its insurer between the initial entry into force of the guarantee and the expiration of a period subsequent to its date of termination or expiration mentioned by the contract, regardless of the date of the other components of the claims.
However, the guarantee does not cover claims for which the harmful event has been known to the insured after the date of termination or expiration unless, at the time when the insured became aware of this harmful event, this guarantee does has not been re-subscribed or has been re-subscribed on the basis of triggering by the harmful event. The insurer does not cover the insured against the pecuniary consequences of claims if it establishes that the insured was aware of the harmful event on the date of subscription of the guarantee.
The subsequent period of guarantees triggered by the claim cannot be less than five years. The limit of the guarantee triggered during the subsequent period cannot be lower than that of the guarantee triggered during the year preceding the date of termination of the contract. A longer period and a higher level of subsequent guarantee may be fixed under the conditions defined by decree.
When the same claim is likely to bring into play the guarantees provided by several successive contracts, the guarantee triggered by the harmful event having taken effect after the effective date of lawn ° 2003-706 of August 1, 2003, is called in priority, without application of the fourth and fifth paragraphs of article L.121-4.
The provisions of this article do not apply to insurance guarantees for which the law provides other conditions for the application of the guaranteed overtime. "
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