When, in an insurance contract

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

When, in a professional liability insurance contract for an architect not subject to compulsory insurance, a clause makes the declaration of each construction site a condition of cover, this clause must be applied, so that failure to declare a site results in absence of insurance cover. This clause is, moreover, enforceable against the victim, the victim's right against the insurer deriving from and being limited by the insurance contract. However, since, in the presence of such a clause, the architect is only insured for each site after its declaration, an insurer who issues a certificate of insurance before the declaration of the site that conditions the cover has been made commits a fault of a nature to engage its civil liability.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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