Two-year statute of limitations in insurance: time limit and interruption

Two-year statute of limitations in insurance: what are the limits to the insurer's obligation to provide information?

The two-year statute of limitations in insurance generally requires that action be taken within two years to bring a claim arising from an insurance contract. In return for this particularly short period, the insurer must clearly inform the insured of the applicable rules, including the starting point and the grounds for interruption of the statute of limitations.

This obligation to provide information is, however, subject to certain limitations. In a ruling dated February 9, 2023, the Court of Cassation held that insurers are not required to include in the contract all rules that could invalidate a legal claim and thus prevent it from interrupting the statute of limitations. This decision places a significant limit on the obligations of insurance companies.

What is the applicable limitation period for insurance matters?

According to Article L. 114-1 of the Insurance Code, actions arising from an insurance contract are, in principle, time-barred after two years from the event that gives rise to them.

The two-year statute of limitations in insurance matters may notably concern:

a claim for compensation made by an insured party after a loss;
a challenge to a refusal of coverage;
an action relating to the amount of compensation offered;
a claim for payment of a premium presented by the insurer;
an action challenging the performance of the insurance contract.

The starting point of the time limit depends, however, on the nature of the dispute. In the event of a claim, for example, the time limit only begins to run from the day the insured became aware of it, provided that they can prove they were unaware of it until then.

Furthermore, certain actions are subject to different time limits. Since the changes to the regulations governing natural disasters, actions relating to damage resulting from ground movements caused by drought and subsequent soil rehydration are subject to a five-year time limit. Life insurance contracts and certain personal injury insurance policies may also be subject to longer time limits.

It is therefore necessary to determine precisely the nature of the action before calculating the available time.

How to interrupt the two-year statute of limitations in insurance?

Article L. 114-2 of the Insurance Code provides that the limitation period may be interrupted by the ordinary causes of interruption provided for by the Civil Code.

It can also be so through certain acts specific to insurance law, in particular:

the appointment of an expert following a claim;
the sending of a registered letter or an electronic registered letter by the insurer to the insured concerning the payment of the premium;
the sending of a registered letter or an electronic registered letter by the insured to the insurer concerning the settlement of the claim.

When an action validly interrupts the statute of limitations, a new period generally begins to run. However, not all actions taken by the insured party necessarily have this effect.

A simple complaint, an informal exchange of emails, or continued amicable discussions with the insurer are not always enough to protect the insured's rights. It is therefore risky to wait for the outcome of negotiations when the statute of limitations is approaching.

What information should be included in the insurance contract?

Article R. 112-1 of the Insurance Code requires the relevant insurance policies to recall the provisions relating to the limitation period for actions arising from the contract.

The Court of Cassation concludes that the insurer must, in particular, inform the insured:

of the existence of the two-year prescription;
of its different starting points;
of the causes of interruption provided for by the Insurance Code;
of the ordinary causes of interruption resulting from the Civil Code.

This information must be sufficiently clear and complete. A simple general reference to "common causes of interruption" without further clarification may prove insufficient.

In a ruling dated April 18, 2013, the Court of Cassation held that the contract must specify the ordinary grounds for interrupting the statute of limitations. Failing this, the insurer could not invoke the two-year limitation period against its insured.

The penalty can therefore be particularly significant: when the required information is absent or insufficient, the two-year limitation period in insurance becomes unenforceable against the insured.

Does the insurer also have to explain the limits of the interruption?

It is on this question that the Court of Cassation provided an important clarification in its judgment of February 9, 2023, No. 21-19.498.

In this case, a company operating a business had suffered two thefts. After its insurer refused to provide coverage, it applied to the summary proceedings judge to obtain an expert assessment and the payment of an advance.

The judge in chambers, however, declared himself incompetent and advised the parties to seek redress elsewhere. The insured then filed a claim with the commercial court. The insurer then raised the two-year statute of limitations as a defense.

To contest this statute of limitations, the insured argued that the contract stated that any legal action, even in summary proceedings, interrupted the limitation period. However, the policy did not specify the rule stipulated by Article 2243 of the Civil Code, according to which the interruption is null and void when:

The applicant withdraws his claim;
he allows the proceedings to lapse;
his claim is definitively rejected.

According to the insured, the absence of this detail made the contractual information incomplete and prevented the insurer from raising the statute of limitations against her.

Article2243 of the Civil Code does not need to be reproduced in the police

The Court of Cassation rejected this argument.

She confirms that the insurer must specify in the contract the starting points for the statute of limitations as well as the various grounds for interruption. However, it is not required to specify the circumstances under which an interruption can subsequently be considered null and void pursuant to Article 2243 of the Civil Code.

The Court thus distinguishes two categories of rules:

the causes of interruption of the limitation period, which must be brought to the attention of the insured;
the events which retroactively deprive this interruption of effect, which are not part of the mandatory information in the policy.

In the case under review, the contractual clause was therefore sufficiently clear and comprehensive. The two-year statute of limitations could be invoked against the insured, whose claim was declared inadmissible.

What is the practical scope of this decision?

This decision sets a limit on the insurer's obligation to provide information. The insurer must present the main rules enabling the insured to identify the applicable time limit and to interrupt it. However, the insurer is not required to include in the policy all the provisions of the Civil Code that could subsequently affect the effectiveness of an action to interrupt the time limit.

For the insured, the decision serves as a reminder that a legal claim does not necessarily and definitively interrupt the statute of limitations. A poorly filed or definitively dismissed claim can retroactively lose its interruptive effect.

Therefore, simply referring the matter to the summary proceedings judge does not, in itself, guarantee the preservation of the insured's rights. It is also necessary to verify:

The jurisdiction of the court seized;
the exact nature of the claim;
the outcome of the proceedings;
the date on which a substantive action must be initiated;
the possible existence of another act that interrupts the statute of limitations.
How to protect your rights against an insurer?

When a dispute arises following a refusal of coverage or an insufficient compensation offer, several precautions must be taken quickly:

determine the exact starting point of the limitation period;
examine the stipulations of the contract relating to the limitation period;
check if the information required of the insurer is complete;
identify the acts which have already interrupted the period;
do not rely exclusively on ongoing amicable negotiations;
initiate, if necessary, an action before the competent court before the expiry of the period.

Calculating the statute of limitations remains particularly complex in insurance law. An error in the scope of a letter, an expert report, or summary proceedings can lead to the claim being definitively dismissed.

ARST Avocats assists companies and policyholders in analyzing insurance contracts, contesting denials of coverage, and handling disputes related to contract performance. The firm also handles litigation concerning exclusion clauses and the enforceability of contractual stipulations.

By Morgan Jamet, Partner Attorney — Business Litigation
Article updated in September 2026