Unreserved control, by

Application pratique:

Because the insurer controlled the lawsuit without reserving its rights despite knowing of the boiler's poor condition, it has waived the non-coverage defence under this case law. The landlord should collect all correspondence showing the insurer's active management and absence of any reservation letter. They should write to the insurer demanding it proves it made reservations at the outset. If the insurer still refuses, the landlord can cite Court of Cassation No. 90-13.868 (15 October 1991) in a formal claim.

Application pratique:

The insurer knew about the pre-existing condition when it assumed control, yet made no reservation of rights. Under this decision, that unreserved control waives any later non-coverage defence. The buyer should gather the insurer's initial acceptance letter and all case correspondence. They should request the insurer provide written evidence of any reservation made at the start. If none exists, the buyer can rely on this precedent to demand full coverage of legal costs and damages.

Application pratique:

The insurer's continuous direction of the lawsuit, with full knowledge of the unauthorised works, constitutes a waiver of its right to deny cover. The co-owner should compile all emails and letters from the insurer's appointed lawyer showing they controlled the case. They should formally object to the denial, citing this 1991 Court of Cassation ruling. If the insurer cannot prove it reserved its position at the start, the co-owner can compel it to cover the judgment and defence costs.