Warranty disclaimers must be indicated in very prominent characters

A business leases a commercial vehicle to a craftsman, together with a risk insurance contract

death-total and irreversible loss of independence-incapacity for work

. In 2008, this craftsman was the victim of a stroke and placed on work stoppage. The insurer's medical expert concludes that this craftsman's rate of permanent incapacity is lower than that indicated on the insurance contract, and that the incapacity presented is no longer linked to his stroke, and therefore refuses the guarantee under the

permanent incapacity

.

The business then decides to summon this craftsman before the high court in order to pay the outstanding sums and return the vehicle.

After being rejected by the court, this craftsman decided to appeal this judgment because

in an insurance contract, the terms of the policies laying down exclusions from cover shall be valid only if they are indicated in very prominent characters

. In rejecting its application, the Court of Appeal held that the exclusion clause in question appeared in the information notice and that it provided for 

in legible and bold characters, the exclusions applicable to the incapacity for work guarantee

.

On appeal, the Cour de cassation considers that the Cour d'appel, even though it had noted that the clause excluding guarantees was drafted in legible characters and in bold, had not examined whether the clause at issue was drafted in very apparent terms so as to attract the attention of the person concerned in particular, as required by Article L112-4 of the Insurance Code.

Thus, in order to be valid, the nullity clauses of an insurance contract must be indicated in very visible characters so as to attract the attention of the insured person in particular.