Can a construction damage insurer be held liable on the basis of general contractual liability?
A group of property owners alleged that their construction damage insurer had refused to honour its cover without carrying out sufficient investigations and without informing them of their right to request the appointment of an expert. They sought compensation on the basis of general contractual liability.
The Court of Cassation dismissed their claim.
It noted that Article L. 242-1 of the Insurance Code exhaustively sets out the penalties applicable where a construction damage insurer fails to fulfil its obligations. These special rules, which are matters of public policy, preclude the application of the general contractual liability regime.
The Court of Cassation therefore ruled that notification of a refusal to provide cover without sufficient investigation or without mentioning the insured party’s right to request an expert assessment cannot give rise to compensation based on standard contractual liability.
Key point: Breaches by the construction damage insurer are subject to the specific regime provided for by the Insurance Code. The insured cannot circumvent this mechanism by seeking to hold the insurer liable under the general rules of contract law.
Cour de cassation, civile, Chambre civile 3, 28 mai 2026, 24-10.463, Publié au bulletin
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