INSURANCE LAW

Business interruption: new interpretation of the concept of‘impossibility of access’ by the Cour de cassation (French SupremeCourt)

In two new rulings handed down by its Second Civil Division (28 May 2025, no. 23-20.093 and no. 24-11.006), the Cour de cassation has settled two disputes concerning the interpretation of business interruption cover. The high court gave a new interpretation of the condition of impossibility of access contained in this cover, in line with two decisions handed down a year earlier.

INSURANCE LAW

Cyber insurance: silent guarantees still present, particularly in emerging markets

On 11 March 2024, the Prudential Control and Resolution Authority (ACPR) published a press release on implicit cover for cyber risk, in which it encourages insurers to continue their work of identifying and clarifying contracts. This is because (surprisingly?) there is little communication from insurers about the coverage provided by ‘old’ civil liability and property damage policies.

INSURANCE LAW

MGA : the all-risk agency

Rapidly expanding in France, Managing General Agents bring added value to the market in general and to insurers in particular, notably in risk management, underwriting and the development of customized solutions. Their expertise enables them to address niche markets that escape the reach of traditional insurers.
(Translation of the article from La Tribune de l'Assurance magazine)

INSURANCE LAW

Los Angeles wildfires: what if it had happened on the Côte d’Azur?

50 billion dollars worth of damage, 12,000 buildings burned, 180,000 people evacuated, the Getty Museum’s collection threatened,… and as if that weren't enough, could the bears, that had taken up residence in a Californian house abandoned by the victims, had exacerbated the damage ? If California were the Côte d'Azur and the Californian administration were the French administration, what would be the consequences in French insurance law for a similar catastrophe ?

INSURANCE LAW

Fires caused by lithium batteries: how to insure efficiently ?

Les incendies et sinistres liés aux batteries fonctionnant au lithium sont si nombreux qu’ils ne peuvent être ignorés ni par les assureurs ni par les assurés.

INSURANCE LAW

Reinsurance captives of French companies: technical and legal practical work

Last November, the Prudential Control and Resolution Authority published its guide to reinsurance captives. This new risk and insurance management tool for companies, on which our firm has been working with the authorities since 2021, is developing rapidly for the benefit of French companies.

INSURANCE LAW

New Caledonia / Insurance for the riots of 2024

Eight months after the riots that ravaged this antipodean French territory, insured companies are facing up to their insurers.

INSURANCE LAW

Liability insurance for consulting firms:  beware of the classification of indemnities paid to a dissatisfied customer !

Beware of non-liability insurance in the event of termination of the service contract. Our article with Professor Pillet.

INSURANCE LAW

Litigation funding : insurance in focus

It's a far cry from the American nuclear verdicts, but it's still a heavy price to pay on France's modest scale. The two lockdowns following the Covid-19 pandemic brought the French economy to a standstill. By decree, places open to the public, including the retail and catering sectors, were forced to close store.