A contract concluded by a company in formation is void

Since a company in formation lacks legal personality, any contract entered into directly by it, and not on its behalf, is void. Cass., Com., November 18, 2020, No. 18-23.239 – SCPF Company v. R. According to a ruling...

Warranty lapse and late claim reporting

A clause providing for forfeiture of coverage due to late claim reporting is unenforceable against the insured if it fails to comply with the minimum 5-day period stipulated in Article L. 113-2 4° of the French Insurance Code. (Civ. 2nd, January 21st...).

Borrower's insurance: duty to advise and prescription

A borrower's claim for damages against the bank that advised them, seeking compensation for the lost opportunity to obtain more suitable insurance, is subject to a five-year statute of limitations from the date the insurer refused coverage. (Cass.com, 6 j...).

"Covid tax" and supplementary health insurance

The 2021 Social Security Financing Law (LFSS) introduces an "exceptional contribution to cover expenses related to managing the Covid-19 epidemic," known as the "Covid tax," levied on supplementary health insurance premiums. The law...

Termination clause and landlord's waiver

A landlord who has requested and obtained the enforcement of a termination clause under a final judgment may no longer, in the event of the tenant's failure to comply with the payment deadlines that condition the suspension of...

Brexit and existing insurance contracts

British insurers, having been able to operate in France thanks to their European passports, will not be able to have their existing insurance or reinsurance contracts renewed, extended, or renewed. The interp...