The insurance contract
Some great notions to be in mind!
"Consumer" law called "Hamon" of 17 March 2014 with case-law developments in the definition of intentional fault or formalism in the initial declaration of risks, the insurance contract has, in recent years, suffered Important evolutions.
Many insured, trusting the solely of their insurance advisor, who do not examine their police for the first time at the time of the incident. Alas, it's often too late: exclusions and / or decays can be part of the ...
What is an insurance contract? When is it formed? What is its content ? What are his rules of operation?
These are the elements to which this practical sheet responds.
Lexicon
1 - What is an insurance contract?
2 - Contract Training: Meeting of Wasses and Risk Declaration
3 - CONTRACT CONTENT
4 - Proof of the existence of the contract: who must bring it? and how ?
5 - The obligations of the parties
6 - The duration of the contract
7 - Disaster: Exclusions, forsess and franchises
8 - Obscured clauses and abusive clauses: the Consumer Code protects you
9 - Change of the contract
10 - Prescription
Lexicon
It is always preferable to refer to the lexicon of the terms and conditions issued to you before the conclusion of the contract to identify and understand the essential terms of the contract or "insurance policy" that you have signed.
Here is a definition of the main terms that will be used throughout the practical sheet.
Group Insurance: contract concluded between a legal person (association, bank, undertaking ...) and an insurer for the benefit of beneficiary.
Insured: Part of the contract that runs the risk against which the insurance contract makes it possible to be guaranteed.
In the insurance of people, it is the natural person who can be alive at a certain date, deceased or reached by an illness or accident.
In the insurance of damage, the insured is the natural or legal person whose heritage can be affected so much in his asset (health insurance) and in his liability (liability insurance), where the risk is realized.
In technical language, the insured is referred to as insurance policy.
Note in terms of liability insurance, the insured is generally understood as the person who has subscribed to the contract but also his close entourage.
Example: The Head of Family Liability Liability Guarantee presents in the Housing Multirisquest Contract allows the person who has subscribed by the contract (the father is the mother) to ensure his civil liability that of his spouse as well as that of his children until at 28 years according to contracts.
Insurer: legal person (civil society or commercial), party to the contract, which guarantees the risk, the purpose of the contract.
Compensation: Silver or in-kind service (assistance to the person) that the insurance company pays to the insured or the victim.
Intermediate Insurance: Anyone who, against remuneration, exercises an insurance intermediation activity (Article L. 511-1, I, second subparagraph of the Insurance Code).
There are four intermediaries: General agents, brokers, insurance agents (non-employee natural persons and legal persons who are the agents of insurance agencies other than general agents), an intermediary insurance agent (non-employee natural persons and legal persons mandated by one or more insurance intermediaries owned by one of the above categories).
Insurance intermediation: "Activity of presenting, proposing or helping to conclude insurance or reinsurance contracts or to carry out other preparatory work for their conclusion" (Article L. 511-1, I, first paragraph of the Code insurance).
Prime: Counterparty that the insured undertakes to pay the insurer in exchange for its warranty. It is in a way the remuneration of the insurer.
Risk: Random event (the one whose occurrence does not depend on the will of the insured) against the consequences of which one protects: Flight, Conflict, Fire, Death ...
Sinister: realization of the event that we dreaded and for which we ensured.
Subscriber: Person (also known as "Contractor" or "Contracting"), which concluded the contract with the insurer. This person commits by signing the contract and pays premiums.
Generally, the insured and the subscriber are one and the same person except in group insurance.
Example: In terms of borrower insurance (see the Inc. record on the borrower insurance), the establishment, issuing bank or real estate credit,
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