The insurance company, who, in full knowledge of the results of the survey meant to demonstrate the reality and extent of the liability of the insured, did have the possibility to discuss the findings thereof, cannot, save proof of fraud, contend that the said survey could not be validly invoked against her

Supreme Court, 29 Sept. 2016, n°15-16342: Whereas, in order to hold that the survey report could not be opposed to CAMBTP, the Court of Appeal considered that the insurer had not been implicated in the interim proceedings started by Mr and Ms X against the company Archica and the judicial receiver ; that thus the court survey report, which is opposed to a party that has not been invited to participate to the survey, although submitted to the free discussion of the parties in the first instance and appeal proceedings, could not constitute as such the proof of contractual breaches by the project manager of his obligations as builder ; That by ruling this way, while the insurance company, who, in full knowledge of the results of the survey meant to demonstrate the reality and extent of the liability of the insured, did have the possibility to discuss the findings thereof, cannot, save proof of fraud, contend that the said survey could not be validly invoked against her.

2017-05-14T15:27:56+00:00 09/25/2016|