Construction insurance: No cover if the activity causing the damage is not declared
Published on :
05/08/2025
05
August
Aug
08
2025
Source: www.legifrance.gouv.fr
The project owners had a wood-frame house built. After acceptance, defects appeared. They sued the builders and their insurers on the basis of the ten-year warranty. The insurer of the ‘“wood frame” lot was cleared by the Court of Appeal on the grounds that the policy expressly excluded wood frame houses from the scope of the declared activity.
The Court of Appeal considered that this clause did not constitute an exclusion of cover in the strict sense, but a limitation of the scope of the insured activity. It also noted that the defects affected only elements specific to the wood frame, which were not covered by the warranty.
The Court of Cassation confirmed this analysis. It ruled that the disputed clause limited the warranty according to the declared professional activity and that the defects in question fell within the scope of an uninsured activity.
History
-
Sale of a used vehicle: validity of an amicable, non-judicial assessment in the event of agreement on the facts
Published on : 05/11/2025 05 November Nov 11 2025Publications
Source: www.courdecassation.fr After purchasing a used vehicle from a prof... -
Hidden defects and chain sales: Presumption of knowledge on the part of the professional - Enforceability of the exception against the sub-purchaser
Published on : 01/10/2025 01 October Oct 10 2025Publications
Source: www.courdecassation.fr A BMW vehicle, initially sold by a company... -
Germany: Draft law on the modernisation of product liability law
Published on : 25/09/2025 25 September Sep 09 2025Publications
On 11 September 2025, the Federal Ministry of Justice and Consumer Protection... -
Bodily injury and medication: The limitation period does not begin upon death, but upon awareness of the risk
Published on : 28/08/2025 28 August Aug 08 2025Publications
Source: www.courdecassation.fr An interim injunction was sought against th... -
Ten-year warranty: Not applicable to heat pumps installed on existing structures
Published on : 19/08/2025 19 August Aug 08 2025Publications
Source: www.courdecassation.fr Private individuals commissioned a company... -
Construction insurance: No cover if the activity causing the damage is not declared
Published on : 05/08/2025 05 August Aug 08 2025Publications
Source: www.legifrance.gouv.fr The project owners had a wood-frame house b...