Article L172-29 of the French Insurance Code
The insurer who has paid the insurance indemnity acquires, up to the amount of its payment, all the rights of the insured arising from the damage which gave rise to cover.
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The insurer who has paid the insurance indemnity acquires, up to the amount of its payment, all the rights of the insured arising from the damage which gave rise to cover.
If the same risk has been covered by several insurers under the same insurance contract, each shall be liable, without solidarity with the others, only to the extent of the sum insured by it, which constitutes the limit of its liability.
Actions arising from the insurance contract are time-barred after two years.
Vessel insurance is taken out either for a single voyage, or for several consecutive voyages, or for a fixed period.
In the case of voyage insurance, cover runs from the start of loading until the end of unloading and no later than fifteen days after the ship’s arrival at its destination. In the case of a voyage in ballast, cover runs from the moment the vessel starts up until it is moored on arrival.
In time cover, the risks of the first and last day are covered by the insurance. Days are counted from zero to 24 hours, according to the time in the country where the policy was issued.
The insurer does not cover damage or loss resulting from a defect in the vessel itself, except in the case of a latent defect.
The insurer does not cover damage or loss caused by the captain’s wilful misconduct.
Where the insured value of the vessel is an agreed value, the parties shall mutually refrain from making any other estimate, subject to the provisions of Articles L. 172-6 and L. 172-26.
Guaranteed arrival insurance may only be taken out, on pain of nullity, with the agreement of the ship’s insurers. When a sum is insured in this way, proof of the insurable interest results from the acceptance of the sum thus guaranteed. The insurer is only liable in the event of total loss or abandonment of the vessel as a result of a risk covered by the policy; it has no…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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