Does not provide a legal basis to its

Application pratique:

Under the Cour de cassation ruling of 20 June 1979, a decennial insurance policy with a 'claims-made' clause (where coverage only applies to claims made during the policy period) can validly exclude cover for claims lodged after the termination date, even if the damage appeared earlier. As a landlord, you must immediately check your builder's insurance policy wording. If it contains such a clause, you must report any defect and lodge a formal claim before the policy expires. Otherwise, you may have to pursue the builder directly, who may lack assets, leaving you to bear repair costs.

Application pratique:

The 1979 decision confirms that insurers can enforce strict 'claims-made' clauses in decennial policies. As a first-time buyer, do not rely on informal communications with the builder—always submit a formal written claim directly to the insurer as soon as damage is discovered. Verify the policy's validity and any end dates immediately. If the policy is still active, ensure your claim is received before termination. If the policy has lapsed, you may need to engage your own legal protection insurance or take court action against the builder, which can be costlier and slower.

Application pratique:

The 1979 ruling highlights that decennial insurance with a claims-made clause does not cover claims made after the policy end date, irrespective of when damage appeared. Co-ownership associations must act promptly: as soon as a defect is spotted, the managing agent should check the builder's insurance certificate for the exact expiry date and submit a formal claim without delay. If the policy is close to expiry, consider emergency general meeting procedures to authorise the claim quickly. Failing this, the association must fund repairs from its own budget or pursue the builder, risking recovery if the builder is insolvent.