Chapter V: Special provisions relating to co-insurance of certain group operations with insurance undertakings governed by the Social Security Code and the Mutual Code

This chapter applies to compulsory group contracts covering death, physical injury, maternity, incapacity for work or invalidity. It also applies to optional group contracts covering these same risks, with the exception of those covered by order of the ministers responsible for the economy, social security and mutual insurance. A group insurance contract under which the head of a company, referred to as the “employer”, takes out a contract with an…

I.-To cover operations covered by this chapter, one or more insurance undertakings referred to in Article L. 310-2 of this Code may enter into a co-insurance contract with mutual insurers and associations referred to inArticle L. 211-1 of the Mutual Code and with provident institutions or associations governed by Title III of Book IX of the Social Security Code. Under this contract, all insured persons are covered for the same…

The notice referred to in article L. 141-4, drawn up by the insurance company and given to members by the policyholder, specifies the content of the clauses stipulating nullities, forfeitures, exclusions or limitations of cover, as well as the limitation periods.

The first two paragraphs of Article L. 113-8 do not apply where membership of the contract is the result of an obligation laid down by a branch agreement or a professional or interprofessional agreement.

Article L. 113-9 does not apply to compulsory group contracts. In the case of optional group policies, notwithstanding the same article L. 113-9, omission or misrepresentation on the part of a member who has not acted in bad faith shall not render the insurance null and void. If it is established before the risk materialises, the insurance undertaking has the right to maintain the contract, subject to an increase in…

Notwithstanding Article L. 113-3, where, for the implementation of operations relating to this chapter, the policyholder ensures the deduction of the premium from the members, in the event of non-payment of a premium within ten days of its due date, cover may not be suspended until thirty days after formal notice has been given to the policyholder. In the letter of formal notice sent to the policyholder, the insurance company…

Without prejudice to the second paragraph of article L. 141-6 of the present code, cover shall continue in the event of the policyholder’s safeguard, receivership or liquidation proceedings. In the event of termination of the contract pursuant toarticle L. 622-13 of the Commercial Code, the portion of the premium relating to the time during which the insurance company no longer covers the risk is returned to the debtor.

Without prejudice to article L. 113-15-2, the policyholder and the insurance undertaking may terminate the contract annually by notifying the other party at least two months before the expiry date. This notification must be made by registered letter or, if termination is requested by the policyholder, by registered letter or electronic registered mail.

For the application of the fifth paragraph of Article L. 114-1 and the second occurrence of Article L. 114-2, the reference to the insured person is replaced by the reference to the employer or, where applicable, the legal entity, the employee or, where applicable, the member of the legal entity or the beneficiary. For the application of the fourth paragraph of Article L. 112-3 and the last two paragraphs of…