even located outside, the sanitation facility is covered

An insurer cannot argue that the bare sanitation facility would not be part of the insured dwelling building, the Court of Cassation ruled.

The sanitation facility is covered by insurance. For the Court, the insurance contract cannot make subtle distinctions between the parts of a building that would be insured and others that would not.

The care case was subjected to a dwelling house, whose individual sanitation network had been damaged by bad weather. The insurer refused to take care of the repairs of the bins and pipes by invoking the details of the terms of the contract.

He declared the inhabited main building, in its parts exclusively reserved for housing, as well as some precise listed facilities such as the heating installation, wall coverings, verandas, etc. as guarantor.

And according to him, the sanitation facility, being in particular located outside, did not meet any of these categories according to the clear and precise terms of the contract.

However, the Court of Cassation ruled to reject this reasoning, this network is inseparable from the main building since, if it does not exist, the building is unfit for residential use.

(Cas. Civ 2, 16.12.2021, G 20-10.460).

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