Where an insurance contract has been concluded for a sum in excess of the value of the insured items, if there has been fraud or deceit on the part of one of the parties, the other party may request that the contract be declared null and void and may also claim damages.
If there has been no fraud or deceit, the contract is valid, but only up to the actual value of the insured items, and the insurer is not entitled to premiums for the excess. Only premiums that have fallen due remain definitively acquired by the insurer, as well as the premium for the current year when it is in arrears.