Disability compensation benefit and economic loss for the family carer – Insurance

Insurance law litigation regularly gives rise to interesting issues in civil liability law, as we already noted almost a year ago in a judgment delivered by the first civil chamber of the Court of Cassation. (Civ. 1D, July 8 2021, n° 19-25.552, Dalloz news, July 19, 2021, obs. C. Helaine; D. 2021. 1380 ; ibid. 1795, chron. G. Guého, O. Talabardon, F. Jollec, E. de Leiris, S. Le Fischer and T. Gauthier ; ibid. 2022. 310, ob. R. Boffa and M. Mekki ; Rev. practice rec. 2021. 19, chron. R. Bouniol ; Civil RTD. 2021. 880, obs. H. Barber ). On June 16, 2022, the second civil chamber had the opportunity to consider an unprecedented difficulty with regard to an insurance contract and the calculation of economic damage determined in the event of death by reference to common law. The facts giving rise to the appeal make it possible to better understand the difficulty. A fire broke out on May 2, 2014 in an apartment occupied by a couple and their two children, one of whom was disabled. He died as a result of the fire. His parents had taken out a “life accident guarantee” insurance contract with an insurance company providing for compensation for the economic loss of the beneficiaries of the contract in the event of death, by reference to common law. However, the insurance refuses to compensate the beneficiaries for said economic loss. The parents summon the insurer before the tribunal de grande instance to be compensated in particular for this item of damage. In the first instance, the insurance company was ordered to pay €25,000 to each parent and €10,000 to the sister of the deceased because of the loss of affection on the basis of the contract taken out. But the high court refuses to compensate any economic damage. The policyholders appeal. The judgment is confirmed in all its provisions by the Court of Appeal of Nîmes. The mother of the child who died in the fire forms a…

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