The contract stipulates that in the event of disagreement between the insurer and the insured regarding the measures to be taken to settle a dispute, this difficulty may be submitted to the assessment of a third party designated by mutual agreement by the parties or, failing this, by the president of the court ruling on the merits of the case under the accelerated procedure. The costs incurred in exercising this option shall be borne by the insurer. However, the president of the court ruling on the merits of the case may decide otherwise if the insured has exercised this option under abusive conditions.
If the insured has initiated legal proceedings at his own expense and obtains a more favourable solution than that proposed by the insurer or by the third party mentioned in the previous paragraph, the insurer will compensate him for the costs incurred in bringing these proceedings, up to the amount of the cover.
When the procedure referred to in the first paragraph of this article is used, the time limit for recourse to the courts is suspended for all legal proceedings which are covered by the insurance cover and which the insured is likely to initiate as a claim, until the third party responsible for proposing a solution has made its position known.