Chapter VII: Guarantee fund for damage resulting from preventive, diagnostic or therapeutic acts performed by health professionals

When, following the withdrawal of authorisation from an insurance company, the fund assumes responsibility, under II of article L. 426-1 of this code, for compensation for the damage referred to inarticle L. 1142-2 of the Public Health Code and which are insured under the insurance cover made compulsory for self-employed health professionals by article L. 251-1 of this Code, this payment is made under the conditions and within the limits…

The liquidator appointed by the Autorité de contrôle prudentiel et de résolution in application of articles L. 326-1 and L. 326-2, or by the competent authorities of the home state of an insurance company whose registered office is located in the territory of a European Union Member State other than France, refers to the fund the claims for payment made by the beneficiaries of insurance contracts taken out by self-employed…

The liquidator referred to in article R. 427-13 of this Code shall, with the agreement of the Fund, manage the files relating to compensation for damage covered by insurance, the subscription of which is made compulsory byarticle L. 1142-2 of the Public Health Code and which is insured with the company in liquidation. It must, at the request of the fund, provide it with any explanations or documents relating to…

In order to determine the principle or the extent of their right to compensation, injured third parties may not summon the fund before the courts, in particular to declare a joint judgment. The same applies to policyholders in respect of actions to enforce a guarantee where the decision or settlement relates to a policy covered by the fund.