French Insurance Code

The insurer is liable for material damage caused to insured objects by any fortune of the sea or by an event of force majeure. The insurer is also liable for 1° The contribution of the insured objects to the general average, except if this results from a risk excluded by the insurance; 2° Expenses incurred as a result of a risk covered in order to protect the insured object from…

The “Free of Damage” clause frees the insurer from any damage, whether common or specific, except in cases which give rise to the right to surrender the goods; in these cases, the insured has the option of surrendering the goods or taking action for damage.

The insured risks remain covered, even in the event of fault on the part of the insured or his land agents, unless the insurer establishes that the damage is due to a lack of reasonable care on the part of the insured to protect the objects from the risks that have arisen. The insurer is not liable for intentional or inexcusable fault on the part of the insured.

The risks remain covered under the same conditions in the event of fault on the part of the captain or crew, except as stated in article L. 173-5.

The insured risks remain covered even in the event of a forced change of route, voyage or vessel, or in the event of a change decided by the captain outside the shipowner and the insured.

Unless otherwise agreed, the insurer does not cover damage to or loss of the insured property resulting from: 1° Civil or foreign war, mines and all devices of war; 2° Piracy; 3° Capture, seizure or detention by any government or authority whatsoever; 4° Riots, popular movements, strikes and lock-outs, acts of sabotage or terrorism; 5° Claims due to the direct or indirect effects of an explosion, the release of heat,…

Subject to the provisions of article L. 173-8, unless otherwise agreed, the insurer does not cover damage caused by the insured object to other property or persons.

Where it is not possible to establish whether the loss or damage originates from a war risk or a marine risk, it is deemed to result from a marine event.