Chapter III: Obligations of the insurer and the insured.

In insurances where the premium is deducted either on the basis of salaries or on the basis of the number of persons or things covered by the contract, it may be stipulated that, for any error or omission in the declarations used as a basis for fixing the premium, the insured must pay, in addition to the amount of the premium, compensation which may in no case exceed 50% of…

The following are null and void 1° All general clauses forfeiting the right of the insured to claim in the event of a breach of laws or regulations, unless such breach constitutes a crime or an intentional offence; 2° All clauses forfeiting the right of the insured to claim compensation for any delay in notifying the authorities of the claim or in producing documents, without prejudice to the insurer’s right…

The duration of the contract and the conditions of cancellation, in particular the right of the insurer and the insured to cancel the contract every year, are set out in the policy. However, the insured has the right to terminate the contract at the end of a one-year period, by notifying the insurer in accordance with the conditions set out in article L. 113-14 at least two months before the…

Unilateral cancellation by the insurer of an insurance contract covering a natural person outside their professional activity, in the cases provided for in this book or pursuant to the first paragraph of article L. 113-12, must be justified.

Notwithstanding article L. 113-12, where the purpose of the insurance contract is to guarantee, in the event of the occurrence of one of the risks defined in the contract, either the total or partial repayment of the amount outstanding under a credit agreement referred to in 1° of article L. 313-1 of the Consumer Code, or the payment of all or part of the instalments on the said loan, the…

I.-Where the insured has the right to cancel the contract, notice of cancellation may be given, at the insured’s choice : 1° By letter or any other durable medium ; 2° by a declaration made at the registered office or at the representative of the insurer; or 3° or by extrajudicial document; 4° Or, where the insurer offers to conclude the contract by a distance communication method, by the same…

The duration of the contract must be clearly stated in the font. The policy must also state that the tacit renewal period may under no circumstances exceed one year.

For tacitly renewable contracts covering natural persons outside their professional activities, the deadline for the policyholder to exercise the right to cancel the contract must be stated with each annual premium or contribution due date notice. If this notice is sent to the policyholder less than fifteen days before this date, or if it is sent after this date, the policyholder is informed with the notice that he/she has a…

For insurance contracts covering natural persons outside their professional activities and falling within the branches or categories of contracts defined by decree of the Conseil d’Etat, the insured may, after a period of one year from the date of first subscription, cancel tacitly renewable contracts and memberships without cost or penalty. Cancellation takes effect one month after the insurer has been notified by the insured. The right of cancellation provided…

I.-For the contracts referred to in article L. 113-12-2, the insurer must inform the policyholder each year, on paper or on any other durable medium, of the right of cancellation provided for in the same article L. 113-12-2, the cancellation procedures and the various notification and information deadlines that must be met. The Autorité de Contrôle Prudentiel et de Résolution (ACPR) will investigate and penalise breaches of this obligation under…