Under the indemnity principle

Application pratique:

This case confirms that under the indemnity principle in French property insurance, an insured party cannot retain payouts exceeding actual repair costs. The landlord should provide the insurer with final invoices proving the €32,000 expenditure and reimburse the €13,000 difference promptly to avoid legal action. Always submit actual repair invoices rather than initial estimates to prevent such disputes. If you believe the insurer's demand is unfounded, consult a French real estate lawyer before paying.

Application pratique:

The case law shows that under the indemnity principle, you cannot profit from a property insurance claim: the insurer only owes the actual cost of repairs. The buyer must reimburse the €10,000 excess to the insurer and should keep all repair invoices and receipts as proof of actual spending. If you receive an insurance payout higher than your final repair costs, proactively notify the insurer and return the difference to avoid interest or legal proceedings. For any dispute over the amount, consult a French property law solicitor.

Application pratique:

This decision confirms that an insurer can recover any overpayment of compensation for decennial defects from the insured party—here, the co-owners' association. As a co-owner, you should verify the syndic's financial accounts to ensure the insurance payout was properly recorded and that the €15,000 excess is returned to the insurer from the building's funds. At the next general meeting, request a clear reconciliation of insurance payments and actual repair costs. Keep all repair contracts and invoices from the syndic. If the insurer's claim is disputed or the syndic is unresponsive, seek advice from a French property lawyer.