Violates Articles L

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The Court of Appeal violates Articles L. 241-1, L. 243-8 and A. 243-1 of the Insurance Code, as well as Annex I to that last article, when, in order to decide that an insurer is not bound to provide cover, it holds that the policy, taken out in 1984 by a contractor, contains a clearly apparent clause excluding cover for activities carried out by the insured as a builder of individual houses, whereas such a clause, which had the effect of excluding from cover certain building works carried out by the contractor in the course of his business, defeated the public policy rules relating to the scope of compulsory liability insurance in construction matters and should, consequently, be deemed to be unwritten.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the statutory time limits for bringing an action
• 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.