Section III: Obligations of the insurer

When the risk occurs, the insurer must provide the service specified in the contract within the agreed period and cannot be held liable beyond that period.

Regardless of the number of events that occur during the term of the whole-body insurance policy, the insurer guarantees up to the amount of the sum insured for each event, with the exception of the insurer’s right to request an additional premium from the insured after each event as part of a reconstitution of cover.

If the same risk has been covered by several insurers under the same insurance contract, each shall be liable, without solidarity with the others, only to the extent of the sum insured by it, which constitutes the limit of its liability.

The insurer does not cover damage or loss caused by the intentional fault of the insured. However, the risks remain covered in the event of unintentional fault on the part of the insured and in the event of any fault on the part of its agents.

The insurer shall reimburse only the cost of replacements and repairs recognised as necessary; the compensation due by the insurer to the insured may not exceed the value of the insured item at the time of the loss, subject to the provisions of article L. 175-5.

The insurer cannot be obliged to repair or replace the insured items.

In the event of compensation for total loss, deemed total loss or negotiated total loss of the aircraft, the proceeds from the salvage of the wreckage are acquired by the insurer, without necessarily transferring ownership of the wreckage to the insurer.

In the event of a total loss, deemed total loss or negotiated total loss of the aircraft, the insurer has the option of transferring ownership of the aircraft.

In liability insurance, the insurer is only liable if, following an event provided for in the contract, an out-of-court or legal claim is made against the insured by the injured third party.

The insurer may stipulate that no acknowledgement of liability or settlement made outside the insurer may be set up against it. The admission of the materiality of a fact cannot be equated with an admission of liability.