Liability Insurance, Business Operations, Contractual Liability, Delictual Liability, Subcontractor Liability, Inexcusable Fault, Insurance Contract, Risk Management, Business Risk, Enterprise Risk
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Abstract
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Abstract
This document outlines the general liability risk of enterprises, contractual exclusions, and possible warranty extensions for businesses, including liability insurance contracts and civil liability of subcontractors.
Extract
[...] « Clause of third-party insureds among themselves »: if an insured person causes damage to another insured person: quality of victim> insured person. He can ask for compensation: civ1 4/12/2001. order for the E to be short, it must declare its professional activities. ? when E extends its professional activity. Assurance and personal mistakes of the insured person cf delictual and contractual fault except legal exclusion? If the insurer wants to cover other faults, it must provide contractual extensions : gross fault, inexcusable fault, serious fault? [...]
[...] BUT As long as there is no delivery = E's business and not the insured's. However, if the client entrusts an object to E for repair/maintenance = work on the entrusted object, E can damage or break it this type of damage is usually covered by the insurer OR else void warranty substance - Predictable damages / Failure to observe the rules of the art : From now on, damage other than accidental = not covered means to verify the random nature of the risk. [...]
[...] 2e sept This decision thus reinforces the legal certainty of insurers who have included specific exclusion clauses relating to asbestos and illustrates the control exercised by the Court of Cassation over the interpretation of contractual clauses by the lower courts. - Civ. 1st 12 July 2007, n° 06-12.624 and 06-13.790 : The immunity of the agent does not prevent the insurer of the principal from exercising a subrogatory action against the insurer of the agent. - Civ. 2e Dec RGDA 1997. 127: The liability of the principal is engaged when the damage is caused during the execution of the modalities of the work. [...]
[...] The social security insurance funds will pay the benefits. At the same time, the victim will take action against the employer in addition + The funds will then take action against the employer to recover the paid benefits. - Employer's or a substitute in the management's inexcusable fault: AP 18/07/1980: meeting 4 cumulative criteria: Exceptional gravity [...]
[...] - Vehicles with internal combustion engines specific insurance = excluded except cf tool function. - Accidental pollution : Today, accidental pollution is in its rightful place in the RC exploitation guarantee.: it must be accidental : tank explosion that spills into a watercourse BUT if the tank has a leak that slowly leaks and pollutes = gradual pollution (Ø couvert)? No coverage for pure ecological damage ? - Social and sports works of the company: organized by CSE if +50 employees. [...]
