Read a contract in its entirety before signing it. Lawyers never repeat it enough: take the time to consider all the small lines, sometimes written in a more discreet font, where restrictive clauses are hidden. Concerning an insurance contract, there are two main ones: exclusion clauses (conditions for which the subscribed guarantee does not apply) and guarantee limit clauses (this time, the protection is maintains, but not quite). If the first remains challengeable in court, it is impossible to challenge the second, maintains the Court of Cassation.
An insured person has taken out property credit insurance. In his contract, a clause stipulates that the guarantee on the maturities of his credit only applies until the day of his retirement or until his 65th birthday. Placed on total disability, then retired, the insurer ceased, on the day of retirement, to cover the repayments of his loan.
However, the insured considers this clause “abusive and unclear”. “If the contract did indeed provide for the termination of the guarantee on these dates, the clause in question was not formal and limited as required by the Court of Cassation for any guarantee exclusion clause. It is a unfair clause, because it reflects a significant imbalance between the rights of the two parties, insurer and insured.”he pleads.
2023-10-24 14:00:29
#Insurance #contest #restrictive #clauses #contract
