Under an Insurance Policy

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

The situation

Under an insurance policy taken out by a public works contractor, covering the insured's civil liability towards third parties up to 500,000 francs and supplemented by an endorsement which, referring to the use of explosives, extends cover to damage suffered by adjoining buildings up to 100,000 francs per site, the ambiguity arising from the juxtaposition of these clauses makes their interpretation necessary. Therefore, without distorting their meaning, the trial judges order the insurer to provide cover within the limit of 500,000 francs, following the partial collapse of a building, resulting from excavations carried out by the insured on adjacent land.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for legal action
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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