Week of 25 to 31 May 2026
Case law
Civ. 3rd chamber, 28 May 2026, No. 261 FS-B, appeal No. 24-10.463, published in the Bulletin : Article L. 242-1 of the Insurance Code exhaustively lists the sanctions applicable to breaches by the “dommages-ouvrage” (builder’s risk) insurer of its obligations (offer of compensation, information on the right to an expert assessment). Neither a wrongful refusal of cover for insufficient investigation, nor the omission of the mention of the right to an expert assessment, can support an independent ordinary contractual liability claim (Article 1231-1 of the Civil Code) against the insurer: the project owner remains confined to the special regime and its own sanctions (forfeiture of the right to invoke forfeiture, coverage of works at market rate, etc.).
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