Poorly insured, the city of La Roche-sur-Yon will have to pay its own heavy sentence

The Nantes administrative court disowned the city of La Roche-sur-Yon, which wanted its insurance consultancy to be convicted. © Google

they administrative court of Nantes disavowed the city of La Roche-sur-Yon (Buyer), which sought to have her “insurance advisory” firm condemned to the heavy financial High court (TGI) of La Roche-sur-Yon.

The municipality and its insurer had in fact been sentenced in June 2019 by the high court (TGI) of La Roche-sur-Yon to pay close to € 508,000 to companies housed in former industrial buildings which it had “rehabilitated” before transferring them to the Oryon Mixed Economy Society (Sem), rue René-Coty, in Acti’Sud industrial zone.

A “partial collapse” of the roof had in fact occurred on the night of November 7 to 8, 2013, causing damage to the equipment of the screen printing company Grip’Ink as well as the premises of Sem and LetMeRepair, a company after-sales service working for electronics and home appliance manufacturers.

No insurance against this risk

However, it appeared on that occasion that the damage was covered by the builders’ ten-year warranty, when the city was still the owner of the building, but that it was not insured in this case. So this has me for the consequences of leaving € 203,000 in tax from the city, you took into account the sharing of responsibilities operated by TGI.

So she later turned against him Protect, the insurance consultancy that has been with her since 2005, for “breach of duty”: she was not “warned about the need to insure” against this type of risk. However, the firm knows the problems of the public sphere: it works with “22 regions”, “81 departments”, “more than 700 communes” and “forty” Departmental Fire and Rescue Services (SDIS), according to its website .

The provider is not informed

Furthermore, the Nantes Administrative Court considers that Protectas’s allegations of “failure to advise”, “breach of duty to advise” or “failure to be informed of the need to insurance under the ten-year risks associated with a works operation ”were not justified.

Protectas did have a “general obligation to advise on the adjustment of insurance contracts taken out by the community,” the judges agreed in a decision dated March 23, 2022, which has just been made public. The contract was concluded with the town hall, which provided that the provider would phase “twice a year” “proposals” and “recommendations” to “reduce the risks”, “remove the causes of recurring claims” and “adapt the insurance contracts”. .

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‘However, the commune did not establish, nor even allege, that the company (…) was informed of the project to renovate the company’s real estate in 2006 and was therefore alerted to the utility . to take out insurance, ”said the Nantes administrative court.

The latter notes, however, that the insurer had made it clear that underwriting “property damage insurance” should be considered when the city “assigns within ten years” a work which it has built on the margins of „A“ consultation ”of the city“ on the question of the responsibility of a territorial engineer practicing the profession of architect ”.

The administrative court of Nantes therefore disavowed the municipality and ordered it to pay € 1,500 to its provider for its court costs in this case.

BOOK (Press Pepper)

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