Insurance – Exclusion of warranty clause
The limited nature of a warranty exclusion clause must be assessed in consideration of the warranty subscribed to by the insured, and not with regard to all the warranties covered by the insurance contract. (Supreme Court, 9 Feb. 2023, n°21-18067)
Insurance recourse actions: a cross border perspective – Zurich
Ansam OKBANI will speak at the conference "Insurance recourse actions: a cross border perspective" on 8 June 2023 in Zurich. She will shed light on this topic from the perspective of insurers and present the legal situation in France.
Insurance: starting point of the limitation period
After having rightly stated that the action of the person subrogated in the rights of the victim of damage against the party liable is subject to the limitation period applicable to the action of the victim and stating that article L211-12 of the Consumer code, according to which the action resulting from the lack of conformity is time-barred two years from the delivery of the goods, was applicable to the action by way of subrogation of the insurer, the Court of Appeal inferred exactly from this that the starting point of the limitation period was to be fixed on that