Article L422-6 of the French Insurance Code
November 8, 2023
Articles L. 422-1 to L. 422-5 are applicable in the Wallis and Futuna Islands, French Polynesia and New Caledonia.
Articles L. 422-1 to L. 422-5 are applicable in the Wallis and Futuna Islands, French Polynesia and New Caledonia.
Within two months of receipt of the request for recovery assistance formulated in application of article 706-15-1 of the Code of Criminal Procedure, the guarantee fund grants the civil party full payment of damages and sums awarded in application of articles 375 or 475-1 of the same code if their total amount is less than or equal to 1,000 euros. If the total amount of damages and sums awarded in…
The guarantee fund may take all legal action necessary to obtain payment of damages and sums awarded in application of articles 375 or 475-1 of the code of criminal procedure from the persons responsible for the damage caused by the offence or required in any way to ensure total or partial compensation. The guarantee fund may obtain the information necessary to carry out its task of assisting recovery under the…
The sums to be recovered by the guarantee fund are increased by a penalty, by way of management costs, equal to a percentage of the damages and the sums awarded in application of articles 375 or 475-1 of the code of criminal procedure. This percentage is set by order of the Insurance Minister. When the perpetrator of the offence has been required to compensate the victim as part of a…
The sums recovered by the guarantee fund are used first and foremost to reimburse the guarantee fund for the compensation or provisions paid to the civil party pursuant to article L. 422-7, any enforcement costs incurred and part of the management costs mentioned in article L. 422-9 equal to a percentage of the compensation or provisions paid to the civil party pursuant to article L. 422-7. This percentage is set…
Articles L. 422-7 to L. 422-10 are applicable in the Wallis and Futuna Islands, French Polynesia and New Caledonia. For the application of article L. 422-7 in the Wallis and Futuna Islands, French Polynesia and New Caledonia, the amount of damages and sums awarded pursuant to articles 375 and 475-1 of the Code of Criminal Procedure is expressed in local currency, taking into account the equivalent value in that currency.
Undertakings authorised in France and subject to State supervision pursuant to article L. 310-1, with the exception of those authorised for the operations referred to in 3° of the same article, as well as supplementary professional pension funds, are members of a guarantee fund designed to protect the rights of their policyholders, and of the subscribers and beneficiaries of their life insurance and capitalisation contracts covering personal injury, or those…
I.-When the Autorité de contrôle prudentiel et de résolution takes the protective measure provided for in 14° of I of Article L. 612-33 of the Monetary and Financial Code in respect of a person referred to in the first paragraph of Article L. 423-1 of this Code, it shall have recourse to the guarantee fund governed by this chapter, after consulting the chairman of the management board of this fund…
In the event of a portfolio transfer, any part of the rights of policyholders, contract holders, members and beneficiaries of benefits not covered by the transferee is guaranteed within the limits set by decree by the Conseil d’Etat by a payment from the guarantee fund to the transferee. If the portfolio transfer procedure is unsuccessful or if the Autorité de contrôle prudentiel et de résolution has taken a decision leading…
The guarantee fund is a legal entity under private law. It is managed by a Management Board acting under the supervision of a Supervisory Board. The members of the Management Board and the Supervisory Board must meet the conditions set out in article L. 322-2. The Supervisory Board exercises ongoing control over the management of the guarantee fund. It draws up the articles of association and internal regulations of the…
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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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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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