When, following the withdrawal of an insurance undertaking’s authorisation, the guarantee fund assumes responsibility for compensation for losses resulting from personal injury and damage to property insured under the insurance cover made compulsory by articles L. 211-1 or L. 242-1, this assumption of responsibility is made under the conditions and within the limits of cover provided by the insurance contracts taken out with this undertaking.
Except in the case of damage to persons or property caused by an accident involving a land motor vehicle, this assumption of liability is limited to 90% of the compensation that would have been awarded to the insured or his beneficiaries by the insurer whose approval has been withdrawn.
The guarantee fund replaces the insurer for the obligations and rights mentioned in article R. 211-13.
In order to obtain reimbursement of the sums it has paid, the guarantee fund shall take all necessary action or make all necessary claims against the liquidator appointed by the Autorité de contrôle prudentiel et de résolution under the conditions set out in articles L. 326-1 and L. 326-2, the liquidator appointed by the competent 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, or the guarantee fund responsible in that home State for protecting insured persons, policyholders, subscribers or beneficiaries of benefits under insurance contracts against the consequences of the withdrawal of authorisation of an insurance undertaking.