Call us now:
When a claim is made, it is not uncommon for the insurer to attempt to exempt itself from its guarantee by invoking an exclusion clause. While some exclusions are valid, others can be challenged in court when they are poorly drafted, unfair and contrary to the Insurance Code.
Le Tutour Avocats assists individuals and professionals who are faced with a refusal to pay based on an exclusion clause. We analyse the contract and the legality of the clause, and rigorously defend the rights of the insured party in both amicable and contentious proceedings.
What is an exclusion clause?
An exclusion clause is a provision in an insurance contract that defines the situations for which the insurer does not provide cover. It may concern:
- Certain types of behaviour (wilful misconduct, gross negligence, improper use);
- Circumstances (non-accidental events, undeclared activities);
- Categories of property or damage (mechanical breakdowns, cosmetic damage, unlisted property, etc.).
These clauses must comply with strict rules in order to be enforceable against the insured party.
Strict conditions of validity
Under French law, a warranty exclusion clause is only valid if:
- It is formal and limited: it must be clearly and precisely worded and leave no room for ambiguity.
- It is included in the contract accepted by the insured party (general or specific terms and conditions).
- It does not render the warranty meaningless (unfair clause).
An exclusion that is poorly worded or too general may be declared unenforceable. The insurer must also prove that the situation does indeed fall within the scope of the exclusion.
Frequent disputes relating to exclusion clauses
The firm intervenes in a variety of situations where the clause is contested:
- Refusal to pay compensation after a claim on the grounds of wrongful conduct.
- Vague clauses in liability insurance policies
- Disputes over exclusions in provident and loan insurance contracts.
Le Tutour Avocats analyses each case to determine whether the clause is legally enforceable and whether the conditions for its implementation are met.
The role of the solicitor: to challenge, negotiate and assert your rights
Le Tutour Avocats supports you at every stage:
- Thorough reading of the contract and general terms and conditions;
- Assessment of the legal validity of the clause;
- Negotiation with the insurer for an amicable settlement;
- Litigation if necessary before the civil or commercial court.
Thanks to its expertise in insurance law and insurance company practices, the firm develops a strategy tailored to each case to obtain the compensation due under the contract.
Is your insurer refusing to compensate you on the basis of an exclusion clause?
Contact Le Tutour Avocats, an experienced insurance law firm in Paris, to challenge this decision and defend your rights.