Insurance claim refusal — loss, exclusion, declaration and compensation

Insurance lawyer in Paris: challenge the refusal, protect your rights.

An insurer refuses cover for water damage, a fire, a theft, a storm or a natural disaster, relying on an exclusion, a forfeiture of cover or an inaccurate declaration. An insurance lawyer in Paris looks first at what the case turns on: the policy, the claim documents and the limitation periods.

Actions arising from an insurance contract are in principle subject to a two-year limitation period (Article L. 114-1 of the French Insurance Code): a refusal of cover or a request from the insurer must be dealt with without delay.

Insurance law · Paris

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In the media

  • Lexbase

Kohen Avocats, Paris 17

Insurance lawyer: cover tested by the loss

Reda Kohen, lawyer at the Paris Bar
Reda KohenLawyer at the Paris Bar

Business law · Paris 17th arrondissement

What an insurance lawyer in Paris does

  • Paris Bar
  • Insurance law
  • Claims and litigation

Lawyer at the Paris Bar — insurance disputes, borrower insurance and legal expenses insurance.

The firm first examines the policy: cover taken out, definition of the loss, exclusions, limits, excesses, declaration obligations and forfeiture clauses. A refusal letter is not enough to defeat cover; the insurer must be able to tie its position to the contract that can be relied on against the insured.

The analysis distinguishes between refusal of cover, proportionate reduction of the indemnity for an inaccurate declaration, nullity for intentional false declaration and contractual forfeiture of cover. It also checks the two-year limitation period, the grounds for interrupting it and, in legal expenses insurance, the insured's freedom to choose a lawyer. This page concerns disputes against the insurer; building-damage insurance (dommages-ouvrage) calls for a separate construction expertise.

Send what you have, even if incomplete: the firm will prioritise and complete the file with you. In an emergency, call +33 6 46 60 58 22.

Official profile in the directory of French lawyers (CNB)Firm at 11 rue Margueritte, 75017 Paris

The policy before the letter

The special conditions, general conditions and endorsements determine the risk covered, the exclusions that are express and limited, the excesses and the declaration procedure.

The refusal must be characterised

An insurer may rely on an exclusion, a forfeiture of cover, a false declaration or the absence of a covered loss: each ground is subject to its own proof and its own regime.

Two years and their interruptions

Article L. 114-1 sets the two-year limitation period in principle; Article L. 114-2 provides in particular for interruption by an expert assessment following a loss or by a registered letter from the insured to the insurer concerning payment of the indemnity.

The rules

Refusal of cover: the rules that govern the dispute

How the refusal is characterised and the proof of the policy conditions steer the whole challenge.

  1. An exclusion from cover must be express and limited under Article L. 113-1 of the Insurance Code. The Court of Cassation recalls: “It follows from this provision that exclusions from cover must be express and limited” (our translation) (Cass. 2e civ., 17 June 2021, No. 19-24.467).
  2. A clause that requires interpretation or does not set out precise criteria cannot be applied. The Court of Cassation holds that an imprecise clause “is not express and limited and cannot be applied because of its imprecision” (our translation) (Cass. 2e civ., 26 November 2020, No. 19-16.435).
  3. The insured proves the loss and the conditions of cover; the insurer must prove that the facts correspond to the exclusion relied on. The judicial court (tribunal judiciaire) of Rennes puts it this way: “the insured bears the burden of proving the existence of the loss and that the conditions for the cover provided for in the insurance contract are met, while the insurer, for its part, bears the burden of proving the correspondence between the established facts and the definition of the exclusion on which it relies.” (our translation) (TJ Rennes, 2e ch. civ., 19 May 2025, No. 21/07610).
  4. A non-compliant installation or an omission does not necessarily amount to intentional misconduct. The Paris Court of Appeal recalls that “intentional misconduct exists where the insured intended to cause the damage as it occurred” (our translation) (CA Paris, pôle 4 ch. 2, 7 February 2024, No. 21/04991).

For home, borrower or business insurance, the same reflex applies: obtain the complete policy, identify the clause relied on and check that the insurer demonstrates precisely the fact that triggers the exclusion, the forfeiture or the reduction.

Your documents

The documents that establish cover and the refusal

The contract, the chronology of the loss and the exchanges between the parties make it possible to reconstruct the insurer's decision.

Position A

Insured whose claim is refused

  • General conditions, special conditions and endorsements of the policy
  • Claim declaration, acknowledgement of receipt, police report or criminal complaint
  • Refusal letter, expert report and exchanges with the claims handler
  • Photos, invoices, quotes, evidence of the loss suffered and contact details of witnesses

Position B

Insured challenged by the insurer

  • Formal notice, request for explanations or notice of forfeiture of cover
  • Application questionnaire and the answers given to the insurer
  • Documents on maintenance, preventive measures and the loss
  • Legal expenses insurance contract and the cap on coverage of lawyers' fees

Do not send only the refusal letter: without the general and special conditions applicable on the date of the loss, it is impossible to check the exclusion, the excess or the forfeiture of cover that is being relied on.

The firm also handles:

  • Building-damage insurance
  • Borrower insurance
  • Legal expenses insurance
  • Expert assessment after a loss

The method

How the firm challenges an insurance refusal

Characterise the loss, preserve the time limit and hold the insurer to its contractual obligations.

Step 1

First exchange and sending your documents

Policy, declaration, refusal, expert report and evidence of the damage: first legal reading within 24 to 48 hours.

Step 2

Characterising the insurer's position

Cover that cannot be triggered, exclusion, forfeiture of cover, false declaration, proportionate reduction or cap: the ground determines the evidence to be gathered.

Step 3

Preserving the limitation period and making a claim

The firm checks the starting point of the two-year limitation period and the acts that interrupt it, and sends a reasoned claim, with a request for an adversarial expert assessment where necessary.

Step 4

Negotiating or bringing the case to court

After the insurer's reply, the case is directed towards a settlement, a mediation provided for in the contract or a court action with a quantified claim.

In legal expenses insurance, the insurer may propose a framework for coverage, but the insured keeps the freedom to choose their lawyer under the conditions set out in Article L. 127-3 of the Insurance Code.

The timetable

The timeline of an insurance dispute

Each step must leave dated evidence and preserve the remedies against the insurer.

  1. Loss

    Day 0. Take protective measures, gather the first evidence and declare the loss in the manner set out in the policy.

  2. Claim investigation

    Keep the notices to attend, reports, findings and observations sent to the insurer's expert.

  3. Insurer's position

    Obtain a written reply specifying the cover refused, the clause relied on, the excess and the proposed calculation.

  4. Formal claim

    Send a reasoned challenge, request the missing documents and, if necessary, seek an adversarial expert assessment.

  5. Limitation periods

    Check the two-year period and the interruptions provided for in Article L. 114-2, in particular the expert assessment after a loss or the registered letter concerning payment.

  6. Agreement or action

    Formalise the compensation or bring the case before the competent court before the period expires, with a documented quantification.

The checks

What the firm checks before challenging

The challenge rests on contractual and evidential points that can be verified.

  • Policy binding on the insured: general conditions, special conditions, endorsements and the version applicable on the date of the loss.
  • Characterisation of the loss: water damage, fire, theft, storm, natural disaster or borrower risk actually declared.
  • Ground of refusal: express and limited exclusion, forfeiture of cover provided for in the contract, intentional false declaration or unintentional omission.
  • Limitation: starting point under Article L. 114-1, interrupting acts under Article L. 114-2 and any action by a third party.
  • Loss and compensation: expert report, quotes, invoices, caps, excesses, contractual time limits and coverage by legal expenses insurance.

Summary

Loss, clause, time limit: the response to make

The most frequent situations make it possible to set the priority of the case.

Situation

Refusal after water damage or a fire

Decisive evidence: Complete policy, declaration, expert report, photographs and refusal letter.

Time limit: Two-year limitation period under Article L. 114-1, subject to the starting points and interruptions.

Useful action: Written challenge to the clause relied on, request for an adversarial expert assessment and quantification of the damage.

Situation

Exclusion that is too general or ambiguous

Decisive evidence: Exact wording of the clause and the risks actually covered by the policy.

Time limit: Before any expiry of the period applicable to the contract.

Useful action: Argue that the clause cannot be relied on if it is not express and limited or requires interpretation.

Situation

Alleged false declaration

Decisive evidence: Signed questionnaire, answers given, circumstances of the application and link with the risk.

Time limit: Article L. 114-1 provides a particular starting point where the insurer discovers the concealment or false declaration.

Useful action: Distinguish the intent required by Article L. 113-8 from the omission without bad faith covered by Article L. 113-9.

Situation

Forfeiture of cover after a failure of prevention

Decisive evidence: Forfeiture clause, contractual instructions, facts established and link with the worsening of the loss.

Time limit: As soon as the insurer's decision is received.

Useful action: Check the validity and enforceability of the sanction, then challenge the causal link and the amount applied.

Situation

Borrower insurance refusing to pay out

Decisive evidence: Certificate of membership, questionnaire, exclusions, medical declaration and reasoned decision.

Time limit: Two years in principle, with examination of the starting point and interruptions.

Useful action: Challenge the clause or the refusal; also look for a breach of the duty to advise on the suitability of the cover.

Situation

Legal expenses insurer refusing cover

Decisive evidence: Separate contract or dedicated chapter, declaration of the dispute, cap and the insurer's reply.

Time limit: Depending on the contract and the dispute covered.

Useful action: Invoke the cover, the freedom to choose a lawyer and, in case of disagreement, the procedure under Article L. 127-4.

Frequently asked questions

Your questions: insurance lawyer

What should I do when an insurer refuses to cover a loss?

First ask for a written decision, the precise clause relied on and the complete version of the general and special conditions. A refusal may rest on the absence of cover, an exclusion, a forfeiture of cover, a false declaration or a disagreement on the amount; these grounds are not argued with the same evidence. The insured must establish the loss and the conditions of cover, while the insurer must tie the facts to the exclusion on which it relies. Then send a dated claim, keep proof of dispatch and check the two-year limitation period. An adversarial expert assessment may be useful if the origin, cause or extent of the damage is disputed. The firm examines the policy and the chronology before proposing a negotiation or a court action.

Can an exclusion from cover be relied on after water damage, a fire or a theft?

An exclusion can be relied on only if it is provided for in the policy and drafted in an express and limited manner. Article L. 113-1 of the Insurance Code requires that the excluded risk be identifiable without general interpretation. A clause that refers neither to precise criteria nor to an exhaustive list of situations must therefore be examined with particular care. The clause must be compared with the loss actually declared, its place in the documents supplied checked, and it must be determined whether the insurer proves the triggering fact. A clear clause may nonetheless defeat cover, subject to its exact scope and the rules specific to the contract. The refusal must be challenged with the policy, the expert report and the evidence of the damage.

What is the difference between an intentional false declaration and an inaccurate declaration made in good faith?

Article L. 113-8 of the Insurance Code covers concealment or intentional false declaration that changes the subject of the risk or reduces the insurer's assessment of it: the contract may then be declared null, even if the information had no influence on the loss. Article L. 113-9 concerns omission or inaccurate declaration where bad faith is not established. Before the loss, the insurer may offer to maintain the contract with an increased premium or terminate it under the conditions of the text; after the loss, the indemnity may be reduced in proportion to the rate of premium paid. The distinction depends on the questionnaire, the answers actually given, the insured's knowledge and the link with the risk. An imprecise answer is therefore not enough to establish fraudulent intent: the application documents and the exact reasons for the refusal must be examined.

Can the two-year limitation period in insurance be interrupted?

In principle, actions arising from an insurance contract are subject to a two-year limitation period running from the event giving rise to them, under Article L. 114-1 of the Insurance Code. Article L. 114-2 provides for interruption by the ordinary causes, by the appointment of an expert following a loss and, for payment of the indemnity, by a registered letter or an electronic registered letter sent by the insured to the insurer. Keep the acknowledgement of receipt, the date of appointment and the precise content of each exchange. A simple telephone conversation or a reminder that cannot be traced does not secure the calculation. The starting point may also vary where the insurer discovers a false declaration or where the insured was unaware of the loss. The firm reconstructs the chronology before any formal notice or writ of summons.

What can the insurer do in case of forfeiture of cover after a failure of prevention?

Forfeiture of cover is a contractual sanction that deprives the insured of cover where the policy provides for it and the breach falls within its conditions. It is necessary to check the wording of the clause, the obligations actually brought to the insured's attention, the reality of the breach and its link with the loss or its worsening. A defective installation, a lack of maintenance or a late declaration do not automatically have the same consequence: the policy may provide for a reduction, an increased excess or a separate exclusion. A makeshift installation may thus lead to a reduction provided for in the contract without automatically removing all cover, if no intentional misconduct is shown. The refusal must therefore be tested against the exact sanction, the expert report and the circumstances established.

How can I challenge a refusal of compensation under borrower insurance?

Gather the membership certificate, the policy notice, the questionnaire, the exclusions, the relevant medical documents and the insurer's reasoned decision. The dispute may concern the definition of incapacity or disability, the starting point of cover, an exclusion or a health declaration. A borrower insurance exclusion clause that is not express and limited cannot be applied. Loss of a chance may also be argued where the borrower was not advised on the suitability of the cover for the risks of their activity. The case must distinguish between the challenge to the cover owed by the insurer and, where relevant, the liability of the bank that offered the membership.

Must legal expenses insurance pay the fees of the lawyer chosen by the insured?

Article L. 127-1 defines legal expenses insurance as the coverage of costs or services intended to defend, represent or obtain redress for damage in a dispute. The contract specifies the cap, the work covered, the intervention thresholds and the exclusions. Where the insured calls on a lawyer, Article L. 127-3 guarantees the freedom to choose one; the insurer cannot impose its own counsel. Coverage remains, however, limited by the scope of cover and the contractual scale of fees, which must be communicated. In case of disagreement on the measures to be taken, Article L. 127-4 provides for a procedure of submission to a third party, with effects on court proceedings. Send the declaration of the dispute, the insurer's reply and the complete contract so that the cap and the position taken against you can be checked.

Must the insurer respect a time limit to pay compensation after a loss?

The time limit depends on the cover, the policy and the regime applicable to the loss. The contract may organise the declaration, the expert assessment, the supply of supporting documents, the offer of an indemnity and payment; certain covers are also subject to special provisions. Do not confuse the investigation period with the limitation period for an action against the insurer, which is in principle two years. Keep the notices to attend meetings, reports, requests for documents and dates of reminders. If the insurer does not give reasons for its delay or maintains a refusal without answering the observations, a formal notice can fix its position and preserve proof of a challenge. In the case of a natural disaster, also check the applicable order, the scope of the damage and the conditions specific to the cover. The firm reconstructs the chronology before claiming an indemnity, interest or the costs that are justified.

What is the difference between an insurance dispute and building-damage insurance?

An insurance dispute concerns the contract that covers a risk or a loss: home, building, liability, borrower, legal expenses, theft, fire, storm or natural disaster. Building-damage insurance (dommages-ouvrage) falls under the specific regime for construction works and the rapid repair of defects of a ten-year nature; it requires analysis of the acceptance of the works, the declarations of defects and the construction insurers concerned. The two cases may overlap where a loss affects a building, but the covers, time limits and counterparties are not the same. This page deals with refusal of cover and compensation under an insurance policy. For a building-damage insurance declaration, an action against the construction insurer or a defect falling under the ten-year builder's liability, see the firm's related pages and send the construction, acceptance and expert documents.

When should I consult a lawyer specialising in insurance in Paris?

A lawyer specialising in insurance is useful as soon as an insurer refuses cover, relies on an exclusion, announces a forfeiture of cover, claims a proportionate reduction or lets a limitation period run. The lawyer also acts where the amicable expert assessment is not adversarial, where several insurers pass responsibility between them or where legal expenses insurance limits coverage of fees. The first step is to gather the complete policy, the declaration, the reports, the letter stating the insurer's position and the evidence of the loss. The firm checks the applicable law, the clauses that can be relied on, the interrupting acts and the strategy: claim, expert assessment, mediation provided for in the contract, settlement or court action. For borrower insurance, the analysis may include the policy notice, the questionnaire and the suitability of the cover for the risk declared. A preliminary review costs €80 incl. VAT under the firm's terms.

An insurer refuses your cover? Take stock of your remedies.

Policy, refusal, expert assessment, time limit: send the relevant documents to the firm to characterise the insurer's position and preserve your action.

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