The rate of the contributions referred to in Article L. 421-4-1 is set by order of the Minister responsible for insurance within the following limits: 1° For the contribution from policyholders, this rate is between 0% and 2% of the premiums mentioned in 1° of the same article; 2° For the contribution made by insurance companies in respect of the “motor vehicle” section, this rate shall be between 0% and…
The guarantee fund may intervene, even before the criminal courts and even for the first time on appeal, with a view in particular to contesting the principle or the amount of the compensation claimed, in all proceedings between accident victims or their dependants, on the one hand, and those responsible or their insurers, on the other. In such cases, it acts as the principal claimant and may avail itself of…
A decree of the Conseil d’Etat shall lay down the conditions for the application of articles L. 421-1 to L. 421-5 and in particular the legal bases and procedures for determining the compensation which may be payable by the guarantee fund, the persons excluded from the benefits of the fund, the respective or reciprocal obligations and rights of the guarantee fund, the insurer, the person responsible for the accident, the…
A contribution to finance the mission provided for in IV of article L. 421-1 is introduced, payable by policyholders and allocated to the guarantee fund. This contribution is based on all net premiums or contributions paid by policyholders to insurance companies for civil liability risks resulting from accidents caused by land motor vehicles and vehicle trailers or semi-trailers when the risk is located throughout mainland France, the overseas departments, the…
When the perpetrator of an accident is unable to prove that he has complied with the obligation to insure instituted by article L. 211-1, the victim and the guarantee fund are entitled to avail themselves of the precautionary measures provided for in articles 48 to 57 of the Code of Civil Procedure (1). However, these provisions do not apply when the civil liability insurance concerns vehicles normally based in the…
The guarantee fund set up by article L. 421-1 is responsible for compensating for personal injury caused by all acts of hunting or destruction of animals likely to cause damage in those parts of the territory where the insurance set up by article L. 423-16 of the Environment Code is compulsory, even if these acts are not covered by compulsory insurance, provided that they are committed by an unknown or…
The time limits stipulated in article L. 313-3 of the Monetary and Financial Code do not run against the guarantee fund until the day on which it receives the information justifying its intervention.
I.-The Fonds de Garantie des Assurances Obligatoires de dommages (Guarantee Fund for Compulsory Non-Life Insurance) set up by Article L. 421-1 is responsible for protecting insured persons who have taken out, subscribed to or received benefits under insurance contracts which are compulsory under Articles L. 211-1 or L. 242-1, against the consequences of the withdrawal of authorisation of an insurance company covering, on the territory of the French Republic, the…
I.-When the Autorité de contrôle prudentiel et de résolution takes, with regard to an undertaking mentioned in the first paragraph of I of Article L. 421-9 and authorised in France, the protective measure provided for in 14° of I of Article L. 612-33 of the Monetary and Financial Code, it has recourse to the Fonds de garantie des assurances obligatoires de dommages. When the AMF’s collège de résolution takes the…
In the event of a portfolio transfer ordered pursuant to 14° of I of article L. 612-33 of the French Monetary and Financial Code, any part of the rights of policyholders, contract holders, members and beneficiaries of benefits not covered by the transferee is guaranteed by a payment from the guarantee fund to the transferee within the limits set by decree in the Conseil d’Etat and within those provided for…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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