Having noted that the guarantors of

Application pratique:

As a third party to the insurance contract, your claim against the insurer is in tort (delict), not under the insurance contract. The case law confirms you are not restricted by the two-year insurance limitation period (Insurance Code, Art. L. 114-1). Instead, you benefit from the standard five-year tort limitation (Civil Code, Art. 2224) from when you discovered the loss. You should gather evidence of the wrongful refusal and your financial loss, then consider legal action for damages within that five-year window.

Application pratique:

Even though you were not a party to the insurance contract, you can sue the insurer in tort for wrongful non-performance that caused your loss. The Cour de cassation decision means this tort claim is not subject to the short two-year insurance limitation period. You have five years from the date you knew of the damage (the boiler failure and insurer’s refusal) to bring a claim. Keep all receipts and correspondence, and instruct a French avocat to send a formal mise en demeure (letter of claim) to the insurer.

Application pratique:

As an individual co-owner, you are a third party to the syndicate’s insurance contract. The insurer’s refusal may give you a tort claim for the loss suffered. Under the clarifications in the 2014 decision, this action is governed by the five-year tort limitation period, not the two-year insurance deadline. You are not bound by the syndicate’s inaction. Document the damage immediately, obtain quotes, and seek independent legal advice to pursue the insurer directly for damages.