The insurer cannot be exempted from

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

The situation

The insurer cannot be exempted from covering losses and damages caused by fortuitous events or the fault of the insured unless the insurance contract contains a formal and limited exclusion clause, that is, a clause which refers to facts, circumstances or obligations defined with precision so that the insured can know exactly the extent of their cover (judgments nos. 1, 2 and 3). A clause in a policy is formal and limited where it makes the cover of a business subject to compliance with standards defined with precision in a specified technical assessment and imposes a clearly defined obligation to enter into a maintenance contract (judgment no. 1). If a clause in a policy concerning the risk of theft in a flat is formal and limited in that it excludes the insurer's cover when the theft was facilitated by leaving the keys on the door, under a doormat or in the letterbox, it is not, however, formal and limited with regard to negligence consisting of leaving the key in a place easily accessible from outside (judgment no. 2). Likewise, a clause excluding the insurer's cover in respect of the consequences of damage, nuisance and disturbance to neighbours resulting in a foreseeable and inevitable manner from the very nature of the insured's activity is not formal and limited (judgment no. 3).

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the legal time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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