When the contract is concluded, the insured must accurately declare all the circumstances known to him which are such as to enable the insurer to assess the risk he is assuming.
Any omission or misrepresentation in bad faith on the part of the insured which is such as to significantly reduce the insurer’s opinion of the risk, whether or not it has influenced the damage or loss of the insured object, shall cancel the insurance at the insurer’s request.
The burden of proving the bad faith of the insured lies with the insurer. This rule may be waived by mutual agreement between the contracting parties.
In the event of bad faith on the part of the insured, the premium remains the property of the insurer.
In the case of good faith on the part of the insured, the insurer is, unless stipulated otherwise, liable for the risk in proportion to the premium collected compared to the premium that should have been collected, except in cases where the insurer establishes that it would not have covered the risks if it had known of them. Subject to this last reservation, if the discovery takes place before any loss, the insurer may either maintain the contract, subject to an increase in premium accepted by the insured, or cancel the contract ten days after notification to the insured, returning the portion of the premium paid for the time during which the insurance is no longer in force. In the event that the declaration is only made after a claim has been made, the indemnity is reduced in proportion to the rate of premiums paid compared to the rate of premiums that would have been due if the risks had been fully and accurately declared.