When the guarantee fund takes responsibility, on behalf of the company in liquidation, for the settlement of the losses mentioned in articles L. 211-1 and L 242-1, the first paragraph of III of article L. 421-1 is applicable.
The guarantee fund is subrogated to the rights of insured persons, policyholders, members and beneficiaries of benefits, up to the amount of the sums it has paid.
The guarantee fund is also subrogated, within the same limits, to the rights of the company in respect of which winding-up proceedings have been opened at the request of the Autorité de contrôle prudentiel et de résolution, up to the amount of sums due under current reinsurance treaties. Payments of sums due in this respect and within the same limits by reinsurers are made to the guarantee fund. Notwithstanding any legal provision or any contractual clause, no indivisibility, termination or cancellation of reinsurance treaties may result solely from the withdrawal of authorisation by the ceding company which is a member of the guarantee fund.
The guarantee fund may initiate any liability action against the de jure or de facto managers of the insurance company whose failure has led to its intervention in order to obtain reimbursement of all or part of the sums paid by it. The fund may also bring a liability action against the persons mentioned in a of 4° of II of article L. 421-9, in order to obtain reimbursement of all or part of the sums paid by it. It shall inform the Autorité de contrôle prudentiel et de résolution or the supervisory authorities of the home state of an insurance undertaking whose head office is located in the territory of a Member State of the European Union other than France.
In order to obtain reimbursement of compensation for third party victims of a loss for which a legal entity or a natural person is responsible in the course of his professional activities, whose insurer has been the subject of the procedure provided for in article L. 421-9-1, the guarantee fund shall take action against the party responsible for the loss.
A Conseil d’Etat decree shall determine the terms and conditions for the application of this article.