The intentional fault.
Intentional fault in insurance law is the fact that the insured has created the conditions favorable to the damage, and to have created this damage. These two conditions must be met . Example, a man intentionally punches another man.
The insurance contract is a contract which cannot exist without contingency. What happens when the insured himself causes this hazard to occur, through intentional fault? The insurer is not obliged to cover the loss. The sanction for intentional misconduct is the unenforceability of the guarantees provided for in the contract . But, the willful fault of the insured who burns an apartment, obliges the insurer to compensate the other people affected by the arson
Intentional fault is very difficult for the insurer to prove, which is why in practice insurers compensate even in the presence of a cluster of evidence of intentional fault. This fault must really be characterized, so that the insurer does not compensate.
In order for the insurer to resort to the bad faith sanctions provided for in Article L113-8 of the Insurance Code, the intentional false declaration must be proven. Lying to an insurer's question does not characterize bad faith. [14] The insured must have intended to lie [15]. If it appears difficult to prove this intention which is present inside the subscriber. The mere fact of having benefited from lying allows one to characterize the intention to lie [16]. Not mentioning a risk is bad faith [17], as long as the lie has changed the pricing of the risk [18].
The insurer must therefore prove two things, bad faith (1) and that the bad faith of the subscriber has resulted in bad pricing (2). He can prove what he says with the risk questionnaire [19] as well as by any other means. But bad faith can be excused if the subscriber does not understand French [20], with limited intelligence [21], the level of knowledge in insurance law according to the technicality of the questions [22], knowledge of the false declaration by its subscriber [23].
The issue of willful misconduct is less prominent in the life insurance contract because the policyholder no longer responds to a risk questionnaire. But with the addition of provident insurance and the desire to make the sale of euro funds scarce, the question of answering a risk questionnaire and therefore the question of intentional misconduct could come back to the fore in life insurance and therefore impact the market. financing of historical heritage. The intentional fault of the subscriber invalidating the transfer of capital or the creation of capital towards the historical heritage and for the historical heritage.
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