In the cases provided for in the fourth and fifth paragraphs of article L. 125-6, the insurance undertaking may only refer the matter to the Bureau central de tarification with a view to derogating from the provisions of the second paragraph of article L. 125-2 in the insurance contract after having notified the policyholder of this proposed derogation by registered letter or by electronic registered letter, with acknowledgement of receipt.
The waiver may relate either to the exclusion of an asset mentioned in the contract, or to the amount of the excess which, in the event of a claim, remains payable by the insured, or to both of these elements of the contract. The amount of the excess covered by the derogation may be higher than that mentioned in the standard clauses provided for in article L. 125-3, without exceeding a limit set for each category of contract by order of the Minister for the Economy and Finance.
For the purposes of the previous paragraph, contracts are divided into four categories: damage to the bodies of motorised land vehicles, damage to property for non-business use, damage to property for business use and business interruption.
To be accepted, the case must be referred to the bureau within twenty-one days of the date on which the policyholder is notified of the proposed waiver.
The Bureau Central de Tarification may grant the waiver requested if it considers, in the light of the circumstances of the case, that the risks concerned are exceptionally serious.