INSURANCE LAW

In a final decision handed down on 16 January 2025, the Vice-President of the Paris Judicial Court confirmed the application, in favour of insured directors, of a frequent contractual clause relating to compensation for their defence costs. Thanks to this clause, the insured executive benefits from the compensation awarded under article 700 of the Code of Civil Procedure, even though the insurer financed the lawsuit.

INSURANCE LAW

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

New Caledonia continues to heal the wounds of an economy grounded between May and December 2024. With insurers threatening to pull out of the increasingly risky French overseas territories, hope could come from a reform of New Caledonian insurance law, which has so far closed off the market more than it has taken account of local particularities.
(Translation of the article from La Tribune de l'Assurance magazine)

INSURANCE LAW

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

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

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

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

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

INSURANCE LAW

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

INSURANCE LAW

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.

INSURANCE LAW

In principle, companies, as legal entities under private law, are exempt from the provisions of the French Public Procurement Code (Code de la commande publique), which stipulates that insurance contracts must be put out to tender. However, you could be one of the exceptions... European legislation has extended the scope of application of the aforementioned code by laying down certain conditions.

INSURANCE LAW

Clearly, in unprecedented situations unforeseen by risk professionals, doubt has benefited insurers... until recent rulings by the Cour de cassation. During the Covid crisis, although some restaurants and shops were able to call on their cover, insurance companies refused to consider the Covid decrees as constituting ‘closures’ within the meaning of the insurance contracts that provided for them, thereby depriving these businesses of compensation.

INSURANCE LAW

We continue our study of MGA’s, which began in June 2024, in the Americas and Africa.

MGA’s (Managing General Agents) are a fast-growing category of insurance intermediaries in Europe. However, this model originated in Anglo-Saxon countries, particularly the United States, where the legal framework and practice are far more developed.

INSURANCE LAW

Arbitration clauses are becoming increasingly common in brokerage agreements between policyholders and brokers, and between brokers and insurers, yet they are not always applicable in practice.

INSURANCE LAW

The New Caledonian Chamber of Commerce and Industry already puts the cost of riots in the archipelago at 200 million euros. The problem is that insurers have reduced their levels of cover for this type of risk, and some may invoke “civil war” as a reason not to compensate their clients.

INSURANCE LAW

The French Supreme Court upheld a ruling by the Angers Court of Appeal, and ordered MMA to compensate an insured for damage to his clientele during the health crisis. The policy in question provided “all risks except” coverage.

International law

Thanks to our colleague Karim Daher for displaying this outcome.

COMPANY LAW

Created by the North American practice of financing start-ups, the Simple Agreement for Future Equity (SAFE) based warrant, BSA AIR in French (for Bon de Souscription d’Actions fondé sur un Accord d’Investissement Rapide) quickly crossed the Atlantic. Seductive by its ability to attract new money in the company, the tool has some limits.

COMMERCIAL AND ECONOMIC LAW

The locks on class action have worked too well and the procedure has not been successful at all. The need to transpose European Directive 2020/1828 has led to a reform of the texts.

International law

Les déposants des banques libanaises sont tous signataires d’une convention d’ouverture de compte les contraignant à régler leurs différends devant le juge libanais. Les banques libanaises redoutent le procès à l’étranger et s’y opposent par le jeu de la clause attributive de juridiction. Une avancée a été obtenue pour les déposants sur le fondement de l’article 14 du code civil.

INSURANCE LAW

Beware of the insurer's right to terminate a claim during the term of the contract...

INSURANCE LAW

We begin with an overview of this fast-growing insurance player.

INSURANCE LAW

My article with Armand Feste-Guidon, criminal lawer.

INSURANCE LAW

Insurance coverage has become a real challenge for local authorities. Integrating and mastering the rules of public procurement is crucial.

INSURANCE LAW

The “Insurance Law” practice led by Jérôme Goy once again distinguished in the list of the best law firms 2024 by Statista LE POINT.

INSURANCE LAW

An insurance distributor in full expansion facing the limits of the law After Anglo-Saxon insurance, the distribution model of the Managing General Agent (MGA) is booming in the French market. Let's review the advantages as well as the limitations of these new types of distributors, which until now have the status of brokers under regulation.

INSURANCE LAW

Coming from across the Channel, Managing General Agents (MGAs) are becoming increasingly prevalent in France. An insurance intermediation practice that is not recognized, but claimed by certain insurtech companies.

INSURANCE LAW

To those familiar with the economic model of insurance brokerage, bankruptcy and judicial liquidation seem hard to imagine. However, the notable cases of SFAM and Luko, among others, have left a significant impression on the insurance industry microcosm.

INSURANCE LAW

Commentary on the judgment of the Court of Justice of the European Union, of September 29, 2022, no. C-633/20

INSURANCE LAW

The application of 1935 brokerage practices to MGAs and international adhesion contracts: the Paris Commercial Court ruling of October 2, 2023

INSURANCE LAW

The Court of Cassation Opens Two Additional Doors for Insured Businesses

INSURANCE LAW

Beware of the Forfeiture Clause

INSURANCE LAW

A number of recent court rulings have held that the presence of an "rider broker" means that the insurance policy is no longer a contract of adhesion but a contract of mutual agreement... to the detriment of the policyholder. My article with Elodie Le Prado in the Tribune de l'Assurance

INSURANCE LAW

Fires in electric vehicles are a cause for concern for sea carriers and logisticians. The reason is that lithium-ion batteries are likely to self-combust in circumstances that are difficult to determine. Insurers and brokers are urging companies to combine prevention, training and good practice during transport and storage.

INSURANCE LAW

INSURANCE LAW

INSURANCE LAW

Arbitration

The Paris Court of Appeal dismissed the Sultan's heirs' application for enforcement of an arbitral award in their favour, sidestepping the question of whether the dispute between the Sultan's heirs and Malaysia over rights to the territory of the former sultanate could give rise to arbitration.

INSURANCE LAW

The Commercial Court of Lille has ordered Axa XL to compensate a major clothing retailer for business interruption. The judges validated an extended warranty clause, which is particularly common in the retail sector.

COMMERCIAL AND ECONOMIC LAW

The CSRD directive increases companies' "Environment, Social and Governance" disclosure obligations and extends its scope to small and medium-sized structures, which will disrupt the economy.

INSURANCE LAW

Power outages, gas or other sources of energy shortages, have become a probable occurrence. This can have a major impact on some company businesses. What insurance coverage can be expected?

INSURANCE LAW

Repoussée l’année dernière, la réforme de la fiscalité afin de favoriser l’implantation des captives d’assurance en France a été votée le 16 décembre par le Parlement : quel intérêt pour les entreprises ?

INSURANCE LAW

The hard market experienced by the insurance industry since 2017/2019 has brought back into the picture some contractual practices that risk detractors should fear.

INSURANCE LAW

Enthémis obtains the conviction of AXA on the basis of a ¨Difficult access to premises¨ clause.

INSURANCE LAW

Insurance policies covering business interruption sometimes include coverage for loss due to political sanctions.

INSURANCE LAW

A proposition recently made by the ¨Comité consultatif du secteur financier¨ (CCSF), a French consultative body tasked with submitting measures to improve the relations between banks and insurers and their clients, could lead to new ramifications on the French insurance sphere.

COMPANY LAW

Two nations negotiating together make each other mutually dependent… The natural effect of trade is to bring peace, Charles de Montesquieu.

INSURANCE LAW

Nearly two years after the outbreak of the Covid-19 crisis, insurers are still struggling with claims for business interruption suffered by companies due to the pandemic. Judges keep ruling in favor of insured companies, considering that they were covered against "business interruption" suffered as a result of the lockdowns.

INSURANCE LAW

Insurers won’t talk about it, but companies should be aware that there is only one month left before the statute of limitation expires for insurance claims related to business interruption.

INSURANCE LAW

A few weeks before the expiration of the two-year statute of limitation on business interruption coverage, this sensitive issue is coming back into the legal arena. The consequences for the insurers concerned could be massive.

INSURANCE LAW

Originally from the United Kingdom, MGAs, or managing general agents, are increasingly present in the French insurance market, particularly in the world of insurtech, where some companies, such as Assurly, Luko and Zego, are using this status. 

INSURANCE LAW

Since the first semester of 2019, the insurance market started an upward trend in Europe: prices have increased, and covers have been more limited. In this context, insurance companies have been reviewing their contracts and programs to the detriment of policyholders, who experienced broader limitations and poorer covers since 2020. We published a synthetic study on this subject in May 2020; here is an update.

INSURANCE LAW

Why should we not believe the fable that is told to us, or how the insurance of companies against the pandemic can only be a mutualised and generalised guarantee, and not an additional tax loophole ?

INSURANCE LAW

The insurance market has been growing steadily, as you know, for more than two years now. The trend will continue to intensify at the end of 2021 for the January 1st contract renewal season.
In order not to suffer from such important increases, which are often presented as inevitable, insured companies wishing to do so, must prepare before the summer the competition from their intermediaries (brokers and managers), before (or sometimes at the same time) that of insurers.

INSURANCE LAW

On February 3rd, 2021, the underwriting agency Centrix announced its decision to join the Managing General Agents Association (MGAA) – the only association in the UK that represents and promotes the Managing General Agents (MGA) industry and its members. “A natural choice,” according to the newly created MGA (2019) fancying to expand its presence in the London market.

INSURANCE LAW

Le ministère de l’Economie aimerait que les grands groupes qui choisissent de s’assurer eux-mêmes – en
créant une captive d’assurance – le fassent en France plutôt qu’au Luxembourg

INSURANCE LAW

Article published in Les Echos by Julien Aubert, Jérôme Goy and Olivier Marleix

INSURANCE LAW

The second lockdown has stopped or considerably slowed down the activity of many economic sectors that had already been severely affected since the beginning of the covid-19 crisis. Many companies in most countries have already declared a claim to their insurer about the business interruption coverage provided in their insurance contracts.

INSURANCE LAW

All over the world, the economic crisis unleashed by the outbreak of covid-19 is hurting economies, regardless of income level. According to World Bank forecasts, the global economy will shrink by 5.2% this year.

Insurance companies are insuring that business losses related to the pandemic are not insurable. However, the contracts are ambiguous, particularly concerning coverage during administrative closures, and the article proposes the contracts of five French insurance companies.

INSURANCE LAW

Jane Grandin de l’Eprevier – 05/05/2020

INSURANCE LAW

The Covid-19 crisis has forced many sectors to shut down, while other companies are suffering considerable losses in turnover.

INSURANCE LAW

With Philippe David

INSURANCE LAW

The three signatories call for the “creation of a simple mechanism to guarantee business interruption losses in the event of a pandemic, based on the natural disasters one”.

Lynda Saouli, Amélie Cormouls et Jean-Marie Léger participeront du 5 au 7 juin prochain au PixDay 2019, le seul salon français de rencontre entre les vendeurs et les acheteurs professionnels de photos et de vidéos, ainsi qu’au CEPIC, salon mondial des agences de photos et vidéos.

Jérôme Pétrignet intervient le 22 mai 2019 dans le cadre d’une journée d’actualité organisée par Elegia sur le thème : « Loi Pacte et dimension sociétale des entreprises » aux cotés de Madame Pauline Abadie et de Monsieur Patrick d’Humières.

French law firm ENTHEMIS has assisted a hotel chain on signing an agreement to purchase a hotel business and premises in Grenoble city centre

Jérôme Pétrignet intervient à l’occasion de la conférence organisée le 1er avril 2019 par le CLENAM et le CRA sur certains aspects choisis de la reprise d’entreprises. Il intervient plus particulièrement sur le thème : Est-on bien protégé avec une garantie Actif Passif ?

Jean-Marie Léger anime le 10 avril une formation sur l’encadrement juridique de la promotion des ventes et des animations commerciales au profit des gérants et responsables d’une enseigne de la distribution.

Jérôme Goy, spécialiste de la distribution d’assurance et affinitaire, participe le 15 avril au dîner des Alumni Sciences Po et X Assurance avec André Renaudin, Directeur Général d’AG2R La Mondiale Matmut

Jérôme Goy participe le 23 mai à la FFA (Fédération Française de l'Assurance) à la table ronde "La réglementation au service de l’innovation dans l’assurance?"

Le 11 juillet 2019, Jean-Marie Léger animera une formation consacrée à la rupture des relations commerciales entre une agence de communication et son client, formation organisée par COM&ENT, 1ère organisation professionnelle de communicants et communicantes en France.