The structural damage insurer can no longer contest, after the expiry of the 90-day period, the amount of its compensation offer.
Court of Cassation, Civil Chamber 3, February 16, 2022, n°20-22.618
A construction company has taken out two property damage insurance policies with an insurer. The reception took place with reservations, in particular concerning cassettes of cladding covering the facades. A claim was then declared following the fall of these cassettes.
The company accepted the indemnity from the insurer and proceeded to repair the damage. However, considering that the indemnity paid unduly included the repair of damage not declared and reserved for acceptance, the insurer demanded reimbursement of part of the indemnity paid, and ended up assigning him in particular on the basis for the restitution of the undue payment. The Court of Appeal having granted its request, the insured company lodged an appeal in cassation.
The Court of Cassation quashed the judgment of the Court of Appeal on the visa of Articles L. 242-1, paragraph 4, of the Insurance Code and 1235, paragraph 1, of the Civil Code, in its wording prior to that resulting from Ordinance No. 2016-131 of February 10, 2016. It held that "it follows from these provisions that the insurer can no longer contest, after the expiry of the ninety-day period, the definition of the work suitable for remedying the damage declared and for which it has offered compensation ”. Consequently, “ the insurer cannot claim the restitution of indemnities allocated by the insured to the execution of the work that this indemnity was intended to finance ”.
The property-damage insurer must be vigilant regarding the situation of its insured before proposing its offer of compensation because it can no longer go back on it.
Jefferson Larue
Lawyer at the Paris staff. For 20 years, Jefferson has advised leading insurance, telecom and renewable energy companies. Drawing on his experience abroad, he is working to deploy the firm internationally.
