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 of cover provided by the insurance contracts taken out with this company. It is limited to 90% of the compensation that would have been awarded to the insured or his beneficiaries by the insurer whose approval has been withdrawn.
In order to obtain reimbursement of the sums it has paid out, the fund shall take all necessary action or make all necessary claims against the liquidator appointed by the Autorité de contrôle prudentiel et de résolution under the conditions set out in articles L. 326-1 and L. 326-2 of this code, the liquidator appointed by the competent authorities of the home state of an insurance undertaking whose head office is located in the territory of a Member State of the European Union other than France, or the body responsible in that home state for protecting insured persons, subscribers or beneficiaries of insurance contracts against the consequences of the withdrawal of authorisation of an insurance undertaking.
If the time limit mentioned in the fifth paragraph of article L. 251-2 of this code or the guarantee ceilings mentioned in article L. 1142-2 of the public health code are exceeded, the fund may intervene under I of article L. 426-1 of this code.