The obligations of the insurer
Beyond an obligation (duty) of information and advice, the essential obligation of the insurer lies, in the event of a claim, to apply its guarantees and compensate the damage caused by the incident.
Also, Article L. 113-1 of the Insurance Code states that "the losses and damage caused by cases or caused by the failure of the insured shall be borne by the insurer, unless formal and limited exclusion. contained in the police ".
As a result, the insurer has only one obligation in the realization of the risk: he must pay within the period agreed the indemnity or the amount determined in accordance with the contract signed with the insured.
The provision of the insurer may be either lump sum (in person insurance, in the event of the realization of the risk, the amount paid is determined upon the formation of the contract) or indemnity (the insurer must place the victim in the state where it was before the accident or the loss within the limit of his enrichment. The insurer takes charge of the disaster, the entire incident, nothing but the incident. This principle is fixed by Article L. 121-1 of the Insurance Code )
The obligations of the insured
They are four and fixed by Article L. 113-2 of the Insurance Code:
Pay the premium or contributions to the agreed eras;
Accurately respond to the questions asked by the insurer in the initial risk reporting form. A copy must be given to the insured. This form must be produced by the insurer to lift a nullity of contract for misunderstanding. This document allows the insurer to better understand the risks it will support;
During the contract, declare all the new circumstances that cause the risk to be aggravated. This declaration must take place if compared to the initial declaration of the risks given to it, the insured observes that responses to questions are inaccurate or obsolete;
This statement of modification must be carried out by registered letter within fifteen days from the moment the insured has been aware of it.
If in doubt and to avoid any bad surprise in case of disaster, get closer to your insurer.
Prevent the insurer immediately from any claim that may result in its warranty within the period set in the contract. Under no circumstances can this delay be less than five working days (forty-eight hours in case of theft).
6 - Duration of the contract
Article L. 113-12 of the Insurance Code indicates that the duration of the contract and the conditions of termination are fixed by the police.
Be careful, however, to distinguish the signing date of the contract and take effect of guarantees.
Indeed, the effectiveness of the warranty may intervene previously or after the date of the conclusion of the contract (example: time period of X days in terms of complementary health insurance. During this period, although the contract is signed and the awarded awarded, the claims will not be supported).
Article L. 112-4 of the Insurance Code states that the police must indicate the time from which the risk is guaranteed and the duration of this warranty. The effect of the guarantees can therefore be freely fixed by the parties. In case of silence, the take effect of the guarantees will coincide with the date of signature of the contract.
The term - determined or indeterminate - the contract is freely fixed by the parties: very short in certain cases (a journey, for example) or very long (duration of the insurance company to truth indeterminate duration).
A fixed-term contract terminates the arrival of maturity unless a Tacit Renewal clause was stipulated in the contract (Article R. 112-1 of the Insurance Code). In which case, the silence of the parties entails the extension of the contract. As such, the Court of Cassation considers that tacit renewal gives rise to a new contract (Cass. I, December 2, 2003, n ° 00-19561).
Article L. 113-12, paragraph 2 of the Insurance Code issued for the parties the possibility of terminating the contract at the expiry of a period of one year subject to two months' notice.
For auto insurance contracts, affinitary and rental RC, termination, after a year of insurance, at any time is possible. This is provided for in Articles L. 115-15-2, R. 113-11 and R. 113-12-1 of the Insurance Code.
> For more information, see the practice sheet of Inc "the termination of the insurance contract".
7 - Disaster: Exclusions, Licenses, Franchises
During the incident, the insurer will be able to oppose the insured several elements if he refuses to take charge - totally or not - the damage relating to the realization of the risk.
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