Any person subject to the obligation to take out insurance as set out in article L. 1142-2 of the Public Health Code who, having applied to take out a policy with an insurance company covering the civil liability risks referred to in the same article in France, is refused twice, may refer the matter to a central underwriting office, the conditions of constitution and operating rules of which are set by decree in the Conseil d’Etat.
The exclusive role of the central rates office is to set the amount of the premium for which the insurance undertaking concerned is obliged to cover the risk which has been proposed to it. It may, under conditions laid down by decree in the Conseil d’Etat, determine the amount of an excess to be paid by the insured.
The central pricing office will refer the matter to the representative of the State in the département when a person subject to the obligation to insure under article L. 1142-2 of the Public Health Code presents an abnormally high insurance risk. It informs the professional concerned. In this case, it will set the premium for a contract of no more than six months’ duration.
Any clause in reinsurance treaties that excludes certain risks from the reinsurance guarantee due to the pricing adopted by the central pricing office is null and void.