French Insurance Code
In forceI.-For the contracts referred to in article R. 113-11, where the conditions for cancellation provided for in article L. 113-15-2 are met, the insurer shall apply the provisions of that article:
1° When the insured cancels the tacit renewal of the contract in application of article L. 113-15-1, after the deadline for exercising the right to cancel the contract;
2° If the insured requests cancellation of the contract on the basis of a reason provided for in the Insurance Code, which the insurer notes is not applicable;
3° Or when the policyholder does not specify the grounds for his request for cancellation.
II -For the contracts mentioned in article R. 113-11, as soon as the cancellation request is received, whether this request comes from the insured or is made on the insured's behalf by the new insurer in accordance with the procedures defined in III, the insurer sends the insured a notice of cancellation by any durable medium, informing him/her of the date on which the cancellation takes effect, pursuant to the first paragraph of article L. 113-15-2. This notice reminds the policyholder of his right to be reimbursed for the balance referred to in the fourth paragraph of article L. 113-15-2 within thirty days of this date.
III - Policyholders wishing to cancel the contracts referred to in the sixth and seventh paragraphs of article L. 113-15-2, with a view to taking out a contract with a new insurer, must submit their request to the new insurer on paper or any other durable medium. In their request, policyholders must expressly state their wish to cancel their current policy and take out a new policy with the new insurer. The new insurer must be able to justify the request made by the policyholder before carrying out the formalities provided for in the sixth and seventh paragraphs.
The new insurer then notifies the previous insurer of the cancellation of the policyholder's contract by registered letter or electronic registered mail. The notification must include the contract reference, the name and address of the policyholder and the name of the new insurer chosen by the insured. The new insurer must ensure continuity of cover for the policyholder during the cancellation period. The date of receipt of the notice of cancellation is presumed to be the first day following the date on which the notice was sent, as indicated by the postmark on the registered letter or, in the case of an electronic registered letter, by the proof of posting in accordance with the procedures set out in article R. 53-2 of the French Electronic Post and Telecommunications Code.
The new contract may not take effect before the termination of the old contract takes effect.
For the insurance contracts mentioned in 1° of article R. 113-11, when requested by the insured party, the former insurer will send the new insurer the information statement provided for in article 12 of the appendix to article A. 121-1 as soon as possible, and within a maximum of fifteen days.
IV -Where, in the case of the contracts referred to in the sixth paragraph of article L. 113-15-2, the request for cancellation is sent directly by the insured to the former insurer, the latter informs the insured, by any durable medium, upon receipt of this request, of his right to cancel under the conditions set out in the same sixth paragraph.
V. - For the contracts mentioned in the fifth paragraph of Article L. 113-15-2 taken out by an employer for the benefit of his employees, the obligation mentioned in the second sentence of the second paragraph of the same Article is deemed to have been met if the right to cancel is mentioned on the annual notice of contributions or at the time of the annual communication provided for in the last sentence of the first paragraph of Article L. 871-1 of the Social Security Code.
