Insurance Law

ARST Avocats acts as an insurance law attorney , primarily assisting companies and professionals in analyzing their insurance contracts, organizing their risk coverage, and, above all, in disputes with their insurers.

Our intervention thus covers the analysis and implementation of insurance guarantees, claims declarations, refusals of guarantee, difficulties in compensation, amicable or judicial expert assessments and litigation in insurance law.

We also intervene upstream to advise companies on their insurance coverage and to integrate into their commercial contracts the clauses allowing them to organize the insurance obligations of their co-contractors.

Insurance lawyer serving businesses

Insurance is an essential tool for a company to manage its risks. However, it is crucial that the coverage purchased actually corresponds to its business activity and can be activated when a claim arises.

ARST Avocats assists companies in analyzingtheir insurance contracts and the scope of their guarantees.

Our intervention may include, in particular:

• analysis of the insurance policies taken out by the company;
• the examination of the scope of the guarantees;
• the identification of covered risks and warranty exclusions;
• analysis of deductibles, limits and conditions for implementing guarantees;
• identifying any potential coverage gaps;
• the formulation of legal recommendations concerning the organization of the company's insurance coverage;
• the analysis of the relationship between several insurance contracts that may cover the same risk.

This intervention can be carried out on a one-off basis during a major operation or contract, or more generally in order to secure coverage of the main risks related to the company's activity.

Insurance clauses in commercial contracts

Risk management does not depend solely on the insurance policies taken out directly by the company. It also requires verifying that its contracting parties have the necessary insurance coverage to fulfill their obligations.

As part of our contract law, we assist our clients in drafting and negotiating insurance clauses in commercial contracts.

Specifically, we can organize:

• the obligation for the contracting party to take out certain insurance policies;
• the nature and extent of the guarantees required;
• the minimum coverage amounts;
• the issuing and renewal of insurance certificates;
• maintaining the guarantees for the necessary duration;
• the relationship between insurance and liability clauses;
• the contractual consequences of a lack of or insufficient insurance.

This approach makes it possible tocombine insurance law and contract law in order to anticipate the financial consequences of a claim or a breach of contract.

Dispute with an insurer and implementation of guarantees

A significant part of our insurance law practice involves assisting companies facing difficulties in obtaining the implementation of an insurance guarantee.

When a loss occurs, the insurer may contest the application of the guarantee, invoke an exclusion, discuss the nature or amount of the loss or limit the compensation offered.

ARST Avocats then assists the company in analyzing the policy and defending its rights against the insurer.

We intervene particularly in cases of:

• insurer's refusal of coverage ;
• dispute concerning the scope of the guarantee;
• divergent interpretation of a clause in the insurance contract;
• invocation of a warranty exclusion;
• dispute relating to a claim;
• disagreement on the assessment of damages;
• dispute over the amount of compensation;
• delay in handling or compensating the claim;
• difficulty relating to the application of a deductible or a guarantee limit;
• discussion on the mobilization of several insurance policies.

The Insurance Code stipulates, in particular, that upon the occurrence of a claim, the insurer must fulfill the obligation specified in the contract within the agreed timeframe. ( Article L. 113-5 of the Insurance Code, available on Légifrance)

Warranty refusal and insurance exclusions

Refusal of coverage is one of the main sources of disputes between the insured company and its insurer.

When an insurance company refuses to cover a claim, we proceed to analyze the policy, its general and specific conditions, the circumstances of the claim and the reasons given by the insurer.

Particular attention is paid to warranty exclusion clauses. The Insurance Code stipulates, in matters of property damage insurance, that the exclusion must in particular be formal and limited in nature.

The firm's intervention may then consist of contesting the refusal by the insurer, requesting the mobilization of the guarantee and, when necessary, initiating proceedings to obtain the execution of the insurance contract.

Pre-litigation and negotiation with insurance companies

all insurance disputes are intended to immediately lead to legal proceedings.

ARST Avocats intervenes in the pre-litigation phase in order to obtain, when possible, a solution allowing the company to benefit from the guarantee subscribed without initiating litigation.

Specifically, we can:

• analyze the position taken by the insurer;
• prepare the company's response;
• contesting a refusal of guarantee;
• send a formal notice to the insurance company;
• submit and document the compensation claim;
• participate in discussions with the insurer, its advisor or its experts;
• negotiate the terms of the claim;
• seek an agreement on the amount of compensation.

The primary objective remains to achieve the effective implementation of insurance guarantees under the best possible conditions for the company.

Amicable expert appraisal, counter-expertise, and court-ordered expert appraisal

Expertise frequently plays a decisive role in the settlement of a claim.

ARST Avocats assists companies duringinsurance expert, particularly when discussions focus on the causes of the loss, the extent of the damage, responsibilities or the amount of the loss.

Depending on the circumstances, we intervene during:

• of an amicable expert assessment organised by the insurer;
• of a contradictory expert opinion;
• of a counter-expertise;
• from a judicial expert assessment.

Our role includes ensuring that the company's interests are properly presented and that the elements necessary for assessing the guarantee and the damage are submitted to the proceedings.

Since May 28, 2026, the Insurance Code further stipulates that, upon the occurrence of a claim, the insurer must inform the insured of their right to request, at their own expense, a counter-assessment by an expert of their choosing. ( Article L. 113-5-1 of the Insurance Code, available on Légifrance)

Insurance law litigation

When negotiation fails to obtain the application of the policy, ARST Avocats represents its clients in insurance law litigation.

In particular, we can take action to achieve:

• recognition of the application of the guarantee;
• contesting a refusal of coverage;
• the unenforceability or contestation of a warranty exclusion;
• the insurer's performance of its contractual obligations;
• the payment of the insurance compensation;
• the compensation for the consequences of a breach of the insurer's obligations.

Our insurance litigation is part of thefirm's broader business litigation, which allows us to simultaneously understand the insurance, contractual and economic dimensions of the dispute.

Business liability and risk insurance

Our intervention concerns the main insurances likely to be used in the context of a company's activity, and in particular professional liability insurance, operating liability insurance, insurance covering certain damage to property or losses related to the activity and, more generally, guarantees intended to cover professional risks.

When a company's liability is sought by a customer, supplier, partner or third party, we also analyze the possibility of mobilizing liability insurance that may cover all or part of the consequences of the dispute.

This analysis can be conducted in parallel with the company's defense in the main litigation in order to prevent the issue of insurance coverage from being dealt with too late.

Insurance law, contract law and business litigation

For the company, insurance law should not be considered in isolation.

An insurance difficulty often originates from a commercial contract, a claim, a liability claim, or a dispute with a client, supplier, or other partner.

Our approach therefore consists of combining our skills in insurance law, contract law and business litigation in order to identify the guarantees that can be mobilized and to defend the interests of the company both with regard to its contracting party and its insurer.

As aninsurance law firm, ARST Avocats assists companies upstream to secure their coverage and, when a claim or dispute arises, to obtain the implementation of the guarantees provided for in their insurance contracts.