The clause of an insurance policy

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The clause in an insurance policy taken out by the builder of a building stipulating that any admission of liability and any settlement by the insured are not enforceable against the insurer is enforceable against a third party who, after paying the building owner the amount of a settlement that the latter entered into with the builder following defects, claims payment from the insurer by invoking its subrogation in the rights of the owner. By raising this defence, the insurance company does not undermine the principle that forfeiture clauses whose cause arises after the loss cannot be relied upon.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Scrupulously respect the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.