Book II: Compulsory insurance

Insurance obligations do not apply to the State when it is building on its own behalf. Total or partial exemptions may be granted by the administrative authority to local authorities and their groupings, as well as to public establishments, which can demonstrate that they have the means to repair damage quickly and completely.

I.-The insurance requirements set out in articles L. 241-1, L. 241-2 and L. 242-1 do not apply to maritime, lake and river structures, road, port, airport, heliport and rail infrastructure, structures for the treatment of urban waste, industrial waste and effluent, and the equipment components of any of these structures. Roads, pedestrian walkways, car parks, other networks, pipelines, lines or cables and their supports, energy transport, production, storage and distribution…

Persons subject to the obligations set out in articles L. 241-1 to L. 242-1 of this code must provide evidence that they have fulfilled these obligations. The proof provided for in the first paragraph, when it relates to the obligations provided for by articles L. 241-1 and L. 241-2, takes the form of insurance certificates, attached to the estimates and invoices of the insured professionals. An order issued by the…

Anyone who contravenes the provisions of articles L. 241-1 to L. 242-1 of this code will be punished by six months’ imprisonment and a fine of 75,000 euros or one of these two penalties only. The provisions of the previous paragraph do not apply to individuals building a dwelling to occupy themselves or to have it occupied by their spouse, ascendants, descendants or those of their spouse.

Any person subject to compulsory insurance who, having applied to take out a policy with an insurance undertaking whose articles of association do not prohibit the assumption of the risk in question by reason of its nature, is refused, may refer the matter to a central pricing office, the conditions of constitution and operating rules of which are laid down by decree in the Conseil d’Etat. The exclusive role of…

Any clause in reinsurance treaties that excludes certain risks from the reinsurance guarantee on the basis of the pricing adopted by the central pricing office is null and void.

Any insurance undertaking which continues to refuse to underwrite a risk for which the premium has been set by the Bureau Central de Tarification shall be deemed no longer to be operating in accordance with the regulations in force and shall be liable to the withdrawal of the administrative authorisation provided for in Article L. 321-1 of this Code.

The provisions of article L. 113-16 and of the second paragraph of article L. 121-10 of this Code do not apply to the compulsory insurance provided for in this Title. Victims of loss or damage covered by law no. 78-12 of 4 January 1978 may take direct action against the insurer of the person responsible for such loss or damage if the latter is in receivership or liquidation.