Article L122-4 of the French Insurance Code
November 8, 2023
The insurer is liable for the loss or disappearance of insured items during the fire, unless it can prove that the loss or disappearance was caused by theft.
The insurer is liable for the loss or disappearance of insured items during the fire, unless it can prove that the loss or disappearance was caused by theft.
In accordance with Article L. 121-7, the insurer is not liable for loss of or damage to the insured item caused by inherent vice; however, it guarantees fire damage resulting from inherent vice, unless it has grounds to claim that the insurance contract is null and void by application of the first paragraph of Article L. 113-8.
Unless otherwise agreed, the insurance does not cover fires directly caused by volcanic eruptions, earthquakes or other disasters.
Insurance contracts covering fire damage or any other damage to property located in France, as well as damage to the bodies of motorised land vehicles, entitle the insured party to cover against the effects of wind due to storms, hurricanes and cyclones, on property covered by such contracts, except in respect of the effects of wind due to a cyclonic event for which the maximum surface winds recorded or estimated…
Where the damage covered by an insurance contract is the result of a forest fire, the insurer may, if it is established that the insured has not complied with the obligations arising from articles L131-4, L131-8, L131-12, L131-14 to L131-18, L134-4 to L134-12, L135-2, L162-2, L163-4 to L163-6 of the new French Forestry Code, the insurer may apply an additional deductible of up to 5,000 euros over and above any…
The insurer may provide for a reduction in the premium or contribution under the insurance policy covering fire damage where it is established that the obligations set out in articles L. 142-1 and L. 142-2 du code de la construction et de l’habitation.
In the case of hail insurance, the insured must send the claim form within four days of the occurrence of the loss, except in the case of fortuitous events or force majeure, and unless the contract provides otherwise. In the case of livestock mortality insurance, this time limit is reduced to twenty-four hours, subject to the same reservations.
In the case referred to in article L. 121-9, the insurer may not claim the portion of the premium corresponding to the time between the date of the loss and the date on which the crops should normally have been removed, or the date of the end of the cover fixed by the contract, if the latter date is prior to that of the normal removal of the crops.
After the sale of either the property or the products, the cancellation of the contract by the insurer to the purchaser does not take effect until the expiry of the current year of insurance. However, where the premium is payable in advance, the seller forfeits the benefit of the term for payment of the premium relating to that period.
In the case of livestock mortality insurance, if the insurance is suspended for non-payment of the premium in accordance with the conditions set out in article L. 113-3, it shall resume at the latest on the tenth day at noon, from the day on which the outstanding premium and, where applicable, the costs, have been paid to the insurer. The insurer may exclude from its cover claims arising from accidents…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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