Disability Compensation Benefit and Family Injury Benefit – Insurance

Insurance law litigation regularly raises a number of issues in civil liability law, as we noted earlier a year ago in a judgment of the First Civil Chamber of the Court of Cassation ( Civ. 1re, July 8 2021, n ° 19-25.552, Dalloz actualité, 19 juil. 2021, obs. C. Hélaine; D. 2021. 1380 ; ibid. 1795, cron. G. Guého, O. Talabardon, F. Jollec, E. de Leiris, S. Le Fischer and T. Gauthier ; ibid. 2022. 310, obs. R. Boffa and M. Mekki ; Pr. Prat. rec. 2021. 19, cron. R. Bouniol ; Civil RTD 2021. 880, obs. H. Barbier ). On June 16, 2022, the Second Civil Chamber had the opportunity to address an unprecedented difficulty with regard to an insurance contract and the calculation of an economic damage determined in the event of death by reference to common law. The facts of the appeal provided a better understanding of the difficulty. A fire broke out on May 2, 2014 in an apartment occupied by a couple and their two children, one of whom was disabled. The latter died as a result of the fire. His parents had taken out a “life accident insurance” insurance contract with an insurance company providing for compensation for the economic damage to the beneficiaries of the contract in the event of death, by reference to common law. However, the insurance refuses to compensate the beneficiaries for the said economic damage. Parents sue the insurer in the high court for compensation, including on this prejudicial position. In the first instance, the insurance company is ordered to pay the plaintiff € 25,000 for each parent and € 10,000 for the deceased’s sister due to the damage of affection on the basis of the contract entered into. But the high court refused to compensate for any economic damage. Insureds appeal. The judgment is upheld in all its provisions by the Nîmes Court of Appeal. The mother of the child who lost her life in the fire forms a …

Leave a Comment