French Insurance Code
In forceFor the risks referred to in article L. 1142-2 of the French Public Health Code, a claim is any damage or set of damages caused to third parties for which the insured is liable, resulting from a harmful event or a set of harmful events with the same technical cause, attributable to the insured's activities covered by the policy, and giving rise to one or more claims.
A claim is any amicable or contentious request for compensation made by the victim of a loss or damage or his/her beneficiaries, and addressed to the insured or his/her insurer.
Any insurance contract concluded in application of article L. 1142-2 of the same code covers the insured against the financial consequences of claims for which the first claim is made during the period of validity of the contract, regardless of the date of the other constituent elements of the claim, provided that the harmful event occurred in the context of the insured's activities covered at the time of the first claim.
The insurance contract also covers claims for which the first claim is made during a period fixed by the contract, from the date of expiry or cancellation of all or part of the cover, provided that the harmful event occurred during the period of validity of the contract and in the context of the activities covered on the date of cancellation or expiry of the cover, regardless of the date of the other constituent elements of the claim. This period may not be less than five years.
The last contract taken out by a self-employed health professional mentioned in part four of the Public Health Code before he ceased his professional activity or died, also covers claims for which the first complaint is made during a period set by the contract, from the date of cancellation or expiry of all or part of the cover, if the harmful event occurred during the period of validity of the contract or prior to this period in the context of the insured's activities covered on the date of cancellation or expiry of the cover, regardless of the date of the other constituent elements of the claim. This period may not be less than ten years. This cover does not apply to claims for which the first claim is made after any resumption of activity. The contract may not provide for a ceiling for this cover that is lower than that for the year preceding the end of the contract.
The policy does not cover claims for which the insured was aware of the harmful event on the date of subscription.
When the same claim is likely to be covered by several successive contracts, it is covered in priority by the contract in force at the time of the first claim, without application of the provisions of the fourth and fifth paragraphs of article L. 121-4.
