Multiple insurance and other insurance clauses
A situation in which the same interest is insured against the same risk under several contracts, which French law governs through a disclosure duty and the indemnity principle, and policies settle through their other insurance clauses.
Multiple insurance exists when the same interest is covered against the same risk by several contracts, often without the insured realizing it: a credit card and travel insurance, a company's policy and its client's, the tenant's insurance and the landlord's. French law sets three rules in article L. 121-4 of the Insurance Code. The insured must disclose to each insurer the existence of the other contracts. In a loss, each policy bought without fraud applies within the limits of its cover, and the insured may turn to the insurer of its choice, which then recovers the others' contributions from them. And the indemnity principle prevents the total received from exceeding the loss. Fraudulent multiple insurance, intended to profit, is sanctioned by nullity. Outside France, and in international programs, policies settle the question themselves through other insurance clauses with opposite effects: the pro rata clause shares the loss in proportion to limits, the excess clause places the policy behind all others, and the escape clause withdraws it altogether. Two excess clauses pointing at each other produce a conflict that courts resolve by sharing.
Textbook case: a 10 million euro warehouse is insured both under the tenant's policy, with an 8 million limit, and the landlord's, with a 6 million limit, both with a pro rata clause. For a 7 million loss, the tenant's policy pays 4 million and the landlord's 3 million, in proportion to limits, and the insured cannot receive more than its 7 million of damage.
Follow the research
One letter a week. First, the week's underwriting note, when one is published: a dated, argued decision, signed by Paul Bernardski. Then what the observatory published on cyber risk, political risk and insurance. No account, no tracking.
No spam, one-click unsubscribe, no data ever sold.