The insurance contract must be written in French and in apparent characters (Article L. 113-3 of the Insurance Code).
The insurance contract, or police, consists mainly of two elements:
The General Conditions: They describe the primary data of the guarantee issued by the insurer for a given type of risk or a set of risks given. In particular, they specify: the object of insurance and the definition of guaranteed risks; exclusions, decays; the duration of the contract and the modalities of termination; the risks incurred by the insured in the event of a misrepresentation when subscribing to the contract or under contract; the obligation to pay the premium; the modalities of declaration of loss (deadlines, forms); the rules of compensation by the insurer; The various provisions (prescription, appeal).
Special conditions: they allow individualizing the insurance guarantee according to each insured: identity of the insured (name, address); What is assured (characteristics, description, location ...); the exact nature of the guarantees requested by the insured; the moment from which the coverage begins and the duration of the guarantee; the amount of the premium; Your signature as well as that of the insurer noting your mutual agreement.
4 - Proof of the existence of the contract: who must bring it? and how ?
Who must bring it?
The rules in this area are governed by the principles of the Civil Code.
Thus, pursuant to Article 1359, paragraph 1 of the Civil Code, it belongs to the one who claims the execution of the contract to prove its existence. The person who requires the execution of the contract is either the insured, a party to the contract or a third party (example: the victim of an accident who wishes to engage the author's liability guarantee).
Therefore, the insured must prove the existence of the insurance contract but also that the conditions required to put the guarantees in play (Cass. I, January 24, 1995, n ° 92-21542; Cass. CIV . I., January 22, 2009, n ° 07-19532).
The victim is favored in relation to the insured because it must prove the existence of the insurance contract (Cass. I, April 29, 1997, n ° 95-10564), it is exempt from Prove the content of the contract because it does not hold a copy of the contract (Cass. III, 29 May 2002, n ° 01-00350).
If the insurer wishes to escape the payment of his obligation, in accordance with Article 1315, paragraph 2 of the Civil Code, he must prove his liberation.
Thus, it must prove the exclusion of guarantee that it excites (Cass. I, 22 April 1992, n ° 89-16034; Cass. Civ. II, 21 February 2013, n ° 12.17528).
How? 'Or' What ?
The writing is imposed by Article L. 112-3 of the Insurance Code and what is the amount at stake (Cass. I, November 14, 1995, n ° 93-14546).
From then on to prove the existence or content of the guarantees, the requirement of written evidence is justified under Article L. 112-3 of the Insurance Code according to which the insurance contract is written in writing (Cass . CIV. I, May 13, 2004, n ° 03-10964).
Article L. 112-3 of the Insurance Code evokes only the written term. It is not referring to the signature. However, the latter establishes the perfect consent of the parties to the contract (Cass. I, 19 March 1996, n ° 94-14635).
It must be found that this same article does not exclude other modes of evidence. Thus, the judicial admission, which can only be on a point of fact and not of law, could be validated by the Court of Cassation (Cass. I, 12 December 1966, n ° 64-13982: the insured recognizes in his conclusions of a letter of termination he had sent to the insurer).
Third parties, because the contract is a legal fact about it, can provide evidence of the existence and content of the guarantee of insurance by any means (Cass. I, 17 July 1996, n ° 94- 16796).
What forces attributable to modes of evidence?
The writing, provided that it is signed by each party in as many copies and parties and indicates the number of erect copies, is perfect. Thus the insurance policy is the piece Mistress in this area.
The coverage note, expressly provided for in the last paragraph of Article L. 112-3 of the Insurance Code, also holds a perfect convincing force. Indeed, it marks the reciprocal commitment of the insured and the insurer, in a given period of time. The coverage note is often issued by the insurer to finalize the final contract on certain aspects of the guarantee (waiting period, franchise rate, more accurate risk assessment with a visit carried out by the representatives of the insurer. ..).
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