Time Limit. In application of article L 114-1 of the Insurance Code, any action resulting from this contract is time- barred two years after the event giving rise to it. This period is extended to ten years for death guarantees, with the actions of beneficiaries being time-barred, at the latest, thirty years after this event. However, this period only runs: in the event of reluctance, omission, false or inaccurate statement on the risk incurred, from the day that the Insurer became aware of it; in the event of a claim, from the day that the concerned parties became aware of it, if they prove that they were unaware of it until then. When the action of the Insured against the Insurer is due to the recourse of a third party, this time limit only starts from the day that this third party brought legal action against the Insured or was indemnified by this latter party. This time limit may be interrupted, in accordance with article L 114-2 of the Insurance Code, by one of the following ordinary causes of interruption: recognition by the debtor of the right of the party against whom the time limit was reached (article 2240 of the Civil Code); a lawsuit, even in summary proceedings, until the end of the proceedings. The same applies when it is brought before a court that does not have jurisdiction or when the act of referral to the court is annulled by the effect of a procedural defect (articles 2241 and 2242 of the Civil Code). The interruption is void if the petitioner withdraws his request or allows the procedure to expire, or if his request is definitively rejected (article 2243 of the Civil Code); a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution (article 2244 of the Civil Code). It is reminded that: Notification made to one of the joint debtors regarding legal action or an act of forced execution, or recognition by the debtor of the right of the party against whom the time limit had expired interrupts the time limit against all the others, even against their heirs. However, notification made to one of the heirs of a joint debtor or the recognition of this heir does not interrupt the time limit with regard to the other joint heirs, even in the event of a mortgage claim, if the obligation is divisible. This notification or recognition only interrupts the time limit with regard to the other co-debtors, for the part owed by this heir. To interrupt the time limit period for the whole debt, with regard to the other co-debtors, it is necessary to notify all the heirs of the deceased debtor or to recognize of all these heirs (article 2245 of the Civil Code). Notification made to the principal debtor or his recognition interrupts the time limit against the guarantor (article 2246 of the Civil Code). The time limit can also be interrupted by: the appointment of an adjuster following a claim; sending a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the contribution, and sent by the Insured to the Insurer regarding settlement of the claim).
Appears in 11 contracts
Samples: Insurance Agreement, Insurance Agreement, Insurance Agreement
Time Limit. In application of article Article L 114-1 of the French Insurance Code, any action resulting from this contract policy is time- time-barred two years after the event giving rise to it. This period is extended to ten years for death guaranteescovers, with the actions of beneficiaries being time-barred, time- barred at the latest, latest thirty years after this event. However, this period only runs: • in the event of reluctance, omission, false or inaccurate statement on the risk incurred, from the day that the Insurer became aware of it; • in the event of a claim, from the day that the concerned parties became aware of it, if they prove that they were unaware of it until then. When the action of the Insured against the Insurer is due to the recourse of a third party, this time limit only starts from the day that this third party brought legal action against the Insured or was indemnified by this latter partyit. This time limit may be interrupted, in accordance with article Article L 114-2 of the French Insurance Code, by one of the following ordinary causes of interruption: • recognition by the debtor of the right of the party against whom the time limit was reached (article Article 2240 of the French Civil Code); a lawsuit• legal action, even in summary proceedings, until the end termination of the proceedings. The same applies when it is brought before a court that does not have jurisdiction or when the act of referral to the court is annulled cancelled out by the effect of a procedural defect (articles Articles 2241 and 2242 of the French Civil Code). The Code).The interruption is void if the petitioner requester withdraws his request or allows the procedure to expire, or if his request is definitively rejected (article Article 2243 of the French Civil Code); • a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution (article Article 2244 of the French Civil Code). It is reminded recalled that: Notification made to one of the joint debtors regarding legal action or an act of forced execution, or recognition by the debtor of the right of the party against whom the time limit had expired interrupts the time limit against all the others, even against their heirs. However, notification made to one of the heirs of a joint debtor or the recognition of this heir does not interrupt the time limit with regard to the other joint heirs, even in the event of a mortgage claimmortgage, if the obligation is divisiblecan be split. This notification or recognition only interrupts the time limit with regard to the other co-debtors, for the part owed by this heir. To interrupt the time limit period for the whole debt, with regard to the other co-debtors, it is necessary to notify all the heirs of the deceased debtor or to recognize recognise of all these heirs (article Article 2245 of the French Civil Code). Notification made to the principal debtor or his recognition interrupts the time limit against the guarantor (article Article 2246 of the Civil Code). The time limit can also be interrupted by: • the appointment of an adjuster following a claim; • sending a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the contribution, premium and sent by the Insured to the Insurer regarding settlement of the claimclaim indemnity).
Appears in 9 contracts
Samples: Insurance Agreement, Insurance Agreement, Insurance Agreement
Time Limit. In application of article Article L 114-1 of the French Insurance Code, any action resulting from this contract policy is time- time-barred two years after the event giving rise to it. This period is extended to ten years for death guaranteescovers, with the actions of beneficiaries being time-barred, time- barred at the latest, latest thirty years after this event. However, this period only runs: • in the event of reluctance, omission, false or inaccurate statement on the risk incurred, from the day that the Insurer became aware of it; • in the event of a claimloss, from the day that the concerned parties became aware of it, if they prove that they were unaware of it until then. When the action of the Insured against the Insurer is due to the recourse of a third party, this time limit only starts from the day that this third party brought legal action against the Insured or was indemnified by this latter partyit. This time limit may be interrupted, in accordance with article Article L 114-2 of the French Insurance Code, by one of the following ordinary causes of interruption: recognition • Recognition by the debtor of the right of the party against whom the time limit was reached (article Article 2240 of the French Civil Code); a lawsuit• legal action, even in summary proceedings, until the end termination of the proceedings. The same applies when it is brought before a court that does not have jurisdiction or when the act of referral to the court is annulled cancelled out by the effect of a procedural defect (articles Articles 2241 and 2242 of the French Civil Code). The Code).The interruption is void if the petitioner withdraws his request or allows the procedure to expire, or if his request is definitively rejected (article Article 2243 of the French Civil Code); • a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution (article Article 2244 of the French Civil Code). It is reminded recalled that: Notification made to one of the joint debtors regarding legal action or an act of forced execution, or recognition by the debtor of the right of the party against whom the time limit had expired interrupts the time limit against all the others, even against their heirs. However, notification made to one of the heirs of a joint debtor or the recognition of this heir does not interrupt the time limit with regard to the other joint heirs, even in the event of a mortgage claim, if the obligation is divisible. This notification or recognition only interrupts the time limit with regard to the other co-debtors, for the part owed by this heir. To interrupt the time limit period for the whole debt, with regard to the other co-debtors, it is necessary to notify all the heirs of the deceased debtor or to recognize recognise of all these heirs (article Article 2245 of the French Civil Code). Notification made to the principal debtor or his recognition interrupts the time limit against the guarantor (article Article 2246 of the Civil Code). The time limit can also be interrupted by: • the appointment of an adjuster following a claimloss; • sending a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the contribution, premium and sent by the Insured to the Insurer regarding settlement of the claimloss indemnity).
Appears in 9 contracts
Samples: Insurance Agreement, Insurance Agreement, Insurance Agreement
Time Limit. In application of article L 114-1 of the Insurance Code, any action resulting from this contract is time- barred two years after the event giving rise to it. This period is extended to ten years for death guarantees, with the actions of beneficiaries being time-barred, at the latest, thirty years after this event. However, this period only runs: • in the event of reluctance, omission, false or inaccurate statement on the risk incurred, from the day that the Insurer became aware of it; • in the event of a claim, from the day that the concerned parties became aware of it, if they prove that they were unaware of it until then. When the action of the Insured against the Insurer is due to the recourse of a third party, this time limit only starts from the day that this third party brought legal action against the Insured or was indemnified by this latter party. This time limit may be interrupted, in accordance with article L 114-2 of the Insurance Code, by one of the following ordinary causes of interruption: • recognition by the debtor of the right of the party against whom the time limit was reached (article 2240 of the Civil Code); • a lawsuit, even in summary proceedings, until the end of the proceedings. The same applies when it is brought before a court that does not have jurisdiction or when the act of referral to the court is annulled by the effect of a procedural defect (articles 2241 and 2242 of the Civil Code). The interruption is void if the petitioner withdraws his request or allows the procedure to expire, or if his request is definitively rejected (article 2243 of the Civil Code); • a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution (article 2244 of the Civil Code). It is reminded that: Notification made to one of the joint debtors regarding legal action or an act of forced execution, or recognition by the debtor of the right of the party against whom the time limit had expired interrupts the time limit against all the others, even against their heirs. However, notification made to one of the heirs of a joint debtor or the recognition of this heir does not interrupt the time limit with regard to the other joint heirs, even in the event of a mortgage claim, if the obligation is divisible. This notification or recognition only interrupts the time limit with regard to the other co-debtors, for the part owed by this heir. To interrupt the time limit period for the whole debt, with regard to the other co-debtors, it is necessary to notify all the heirs of the deceased debtor or to recognize of all these heirs (article 2245 of the Civil Code). Notification made to the principal debtor or his recognition interrupts the time limit against the guarantor (article 2246 of the Civil Code). The time limit can also be interrupted by: • the appointment of an adjuster following a claim; • sending a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the contribution, and sent by the Insured to the Insurer regarding settlement of the claim).
Appears in 7 contracts
Samples: Insurance Agreement, Insurance Agreement, Insurance Agreement
Time Limit. In application of article Article L 114-1 of the French Insurance Code, any action resulting from this contract policy is time- time-barred two years after the event giving rise to it. This period is extended to ten years for death guaranteescovers, with the actions of beneficiaries being time-barred, time- barred at the latest, latest thirty years after this event. However, this period only runsruns : • in the event of reluctance, omission, false or inaccurate statement on the risk incurred, from the day that the Insurer became aware of it; • in the event of a claim, from the day that the concerned parties became aware of it, if they prove that they were unaware of it until then. When the action of the Insured against the Insurer is due to the recourse of a third party, this time limit only starts from the day that this third party brought legal action against the Insured or was indemnified by this latter partyit. This time limit may be interrupted, in accordance with article Article L 114-2 of the French Insurance Code, by one of the following ordinary causes of interruption: recognition • Recognition by the debtor of the right of the party against whom the time limit was reached (article Article 2240 of the French Civil Code); a lawsuit• legal action, even in summary proceedings, until the end termination of the proceedings. The same applies when it is brought before a court that does not have jurisdiction or when the act of referral to the court is annulled cancelled out by the effect of a procedural defect (articles Articles 2241 and 2242 of the French Civil Code). The Code).The interruption is void if the petitioner requester withdraws his request or allows the procedure to expire, or if his request is definitively rejected (article Article 2243 of the French Civil Code); • a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution (article Article 2244 of the French Civil Code). It is reminded recalled that: Notification made to one of the joint debtors regarding legal action or an act of forced execution, or recognition by the debtor of the right of the party against whom the time limit had expired interrupts the time limit against all the others, even against their heirs. However, notification made to one of the heirs of a joint debtor or the recognition of this heir does not interrupt the time limit with regard to the other joint heirs, even in the event of a mortgage claimmortgage, if the obligation is divisiblecan be split. This notification or recognition only interrupts the time limit with regard to the other co-debtors, for the part owed by this heir. To interrupt the time limit period for the whole debt, with regard to the other co-debtors, it is necessary to notify all the heirs of the deceased debtor or to recognize recognise of all these heirs (article Article 2245 of the French Civil Code). Notification made to the principal debtor or his recognition interrupts the time limit against the guarantor (article Article 2246 of the Civil Code). The time limit can also be interrupted by: the • The appointment of an adjuster following a claim; • sending a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the contribution, premium and sent by the Insured to the Insurer regarding settlement of the claimclaim indemnity).
Appears in 2 contracts
Samples: Insurance Agreement, Insurance Agreement
Time Limit. In application of article Article L 114-1 of the French Insurance Code, any action resulting from this contract policy is time- time-barred two years after the event giving rise to it. This period is extended to ten years for death guaranteescovers, with the actions of beneficiaries being time-barred, time- barred at the latest, latest thirty years after this event. However, this period only runs: • in the event of reluctance, omission, false or inaccurate statement on the risk incurred, from the day that the Insurer became aware of it; • in the event of a claimloss, from the day that the concerned parties became aware of it, if they prove that they were unaware of it until then. When the action of the Insured against the Insurer is due to the recourse of a third party, this time limit only starts from the day that this third party brought legal action against the Insured or was indemnified by this latter partyit. This time limit may be interrupted, in accordance with article Article L 114-2 of the French Insurance Code, by one of the following ordinary causes of interruption: recognition • Recognition by the debtor of the right of the party against whom the time limit was reached (article Article 2240 of the French Civil Code); a lawsuit• legal action, even in summary proceedings, until the end termination of the proceedings. The same applies when it is brought before a court that does not have jurisdiction or when the act of referral to the court is annulled cancelled out by the effect of a procedural defect (articles Articles 2241 and 2242 of the French Civil Code). The Code).The interruption is void if the petitioner withdraws his request or allows the procedure to expire, or if his request is definitively rejected (article Article 2243 of the French Civil Code); • a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution (article Article 2244 of the French Civil Code). It is reminded recalled that: Notification made to one of the joint debtors regarding legal action or an act of forced execution, or recognition by the debtor of the right of the party against whom the time limit had expired interrupts the time limit against all the others, even against their heirs. However, notification made to one of the heirs of a joint debtor or the recognition of this heir does not interrupt the time limit with regard to the other joint heirs, even in the event of a mortgage claim, if the obligation is divisible. This notification or recognition only interrupts the time limit with regard to the other co-debtors, for the part owed by this heir. To interrupt the time limit period for the whole debt, with regard to the other co-debtors, it is necessary to notify all the heirs of the deceased debtor or to recognize recognise of all these heirs (article Article 2245 of the French Civil Code). Notification made to the principal debtor or his recognition interrupts the time limit against the guarantor (article Article 2246 of the Civil Code). The time limit can also be interrupted by: the • The appointment of an adjuster following a claimloss; • sending a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the contribution, premium and sent by the Insured to the Insurer regarding settlement of the claimloss indemnity).
Appears in 1 contract
Samples: Insurance Agreement
Time Limit. In application of article Article L 114-1 of the French Insurance Code, any action resulting from this contract policy is time- time-barred two years after the event giving rise to it. This period is extended to ten years for death guaranteescovers, with the actions of beneficiaries being time-barred, time- barred at the latest, latest thirty years after this event. However, this period only runsruns : • in the event of reluctance, omission, false or inaccurate statement on the risk incurred, from the day that the Insurer became aware of it; • in the event of a claim, from the day that the concerned parties became aware of it, if they prove that they were unaware of it until then. When the action of the Insured against the Insurer is due to the recourse of a third party, this time limit only starts from the day that this third party brought legal action against the Insured or was indemnified by this latter partyit. This time limit may be interrupted, in accordance with article Article L 114-2 of the French Insurance Code, by one of the following ordinary causes of interruption: recognition • Recognition by the debtor of the right of the party against whom the time limit was reached (article Article 2240 of the French Civil Code); a lawsuit• legal action, even in summary proceedings, until the end termination of the proceedings. The same applies when it is brought before a court that does not have jurisdiction or when the act of referral to the court is annulled cancelled out by the effect of a procedural defect (articles Articles 2241 and 2242 of the Civil Code). The interruption is void if the petitioner withdraws his request or allows the procedure to expire, or if his request is definitively rejected (article 2243 of the Civil Code); • a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution (article Article 2244 of the French Civil Code). It is reminded recalled that: Notification made to one of the joint debtors regarding legal action or an act of forced execution, or recognition by the debtor of the right of the party against whom the time limit had expired interrupts the time limit against all the others, even against their heirs. However, notification made to one of the heirs of a joint debtor or the recognition of this heir does not interrupt the time limit with regard to the other joint heirs, even in the event of a mortgage claimmortgage, if the obligation is divisiblecan be split. This notification or recognition only interrupts the time limit with regard to the other co-debtors, for the part owed by this heir. To interrupt the time limit period for the whole debt, with regard to the other co-debtors, it is necessary to notify all the heirs of the deceased debtor or to recognize recognise of all these heirs (article Article 2245 of the French Civil Code). Notification made to the principal debtor or his recognition interrupts the time limit against the guarantor (article Article 2246 of the Civil Code). The time limit can also be interrupted by: the • The appointment of an adjuster following a claim; • sending a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the contribution, premium and sent by the Insured to the Insurer regarding settlement of the claimclaim indemnity).
Appears in 1 contract
Samples: Insurance Agreement
Time Limit. In application of article Article L 114-1 of the French Insurance Code, any action resulting from this contract policy is time- time-barred two years after the event giving rise to it. This period is extended to ten years for death guaranteescovers, with the actions of beneficiaries being time-barred, time- barred at the latest, latest thirty years after this event. However, this period only runs: in the event of reluctance, omission, false or inaccurate statement on the risk incurred, from the day that the Insurer became aware of it; in the event of a claimloss, from the day that the concerned parties became aware of it, if they prove that they were unaware of it until then. When the action of the Insured against the Insurer is due to the recourse of a third party, this time limit only starts from the day that this third party brought legal action against the Insured or was indemnified by this latter partyit. This time limit may be interrupted, in accordance with article Article L 114-2 of the French Insurance Code, by one of the following ordinary causes of interruption: recognition Recognition by the debtor of the right of the party against whom the time limit was reached (article Article 2240 of the French Civil Code); a lawsuitlegal action, even in summary proceedings, until the end termination of the proceedings. The same applies when it is brought before a court that does not have jurisdiction or when the act of referral to the court is annulled cancelled out by the effect of a procedural defect (articles Articles 2241 and 2242 of the French Civil Code). The Code).The interruption is void if the petitioner withdraws his request or allows the procedure to expire, or if his request is definitively rejected (article Article 2243 of the French Civil Code); a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution (article Article 2244 of the French Civil Code). It is reminded recalled that: Notification made to one of the joint debtors regarding legal action or an act of forced execution, or recognition by the debtor of the right of the party against whom the time limit had expired interrupts the time limit against all the others, even against their heirs. However, notification made to one of the heirs of a joint debtor or the recognition of this heir does not interrupt the time limit with regard to the other joint heirs, even in the event of a mortgage claim, if the obligation is divisible. This notification or recognition only interrupts the time limit with regard to the other co-debtors, for the part owed by this heir. To interrupt the time limit period for the whole debt, with regard to the other co-debtors, it is necessary to notify all the heirs of the deceased debtor or to recognize recognise of all these heirs (article Article 2245 of the French Civil Code). Notification made to the principal debtor or his recognition interrupts the time limit against the guarantor (article Article 2246 of the Civil Code). The time limit can also be interrupted by: the appointment of an adjuster following a claimloss; sending a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the contribution, premium and sent by the Insured to the Insurer regarding settlement of the claimloss indemnity).
Appears in 1 contract
Samples: Insurance Agreement