DroitdesAssurances_400

Supreme Court, 10 Dec. 2015, n°14-28012: If the starting time of the two-year time bar provided under article L114-1 of the Insurance Code is not mentioned in the insurance policy, the said time bar shall be deemed unenforceable against the insured. Insurance policies must indeed recall mandatorily some of the provisions of the insurance Code, in particular, the provisions concerning the time bar of actions. It is not sufficient to indicate the length of the time bar. It is also compelled to state its starting date. Although article R112-1 of the Insurance Code does not provide a specific sanction, it is established since 2005 that the insurers would otherwise be deprived of the right to invoke the time bar.