Earn points easily at the BTS Assurance by understanding legal articles!
How to read legal articles in the insurance code?
The articles of the insurance code are structured to prevent you from getting lost, and this structure helps determine which area the article pertains to. I took the example of article L113-1.
What are the different parts of the insurance code?
The insurance code is divided into four parts:
- Legislative
- Regulatory
- Decrees
- Annexes
What are the different books of the insurance code?
And there are five books:
- The insurance contract (1);
- Mandatory insurance (2);
- Businesses (3);
- The organization (4);
- Particular insurance regimes as well as insurance intermediaries and capitalization (5).
Which legal articles are essential to remember?
Now, let’s focus on the articles to remember to maximize your points during the BTS Assurance exam. Sometimes, a simple code number can be worth 1 point, so do not overlook this learning opportunity to earn as many points as possible and achieve a good grade.
L112-2: The insurer has an obligation to provide an information and advice sheet
L112-3: Any modification to the insurance contract must be documented by an amendment signed by both parties.
L112-4: An insurance policy must include:
- The names and addresses of the contracting parties;
- The insured object or person;
- The nature of the risks covered;
- The time from when the risk coverage is activated and the duration of this coverage;
- The amount of this coverage;
- The insurance premium or contribution.
The policy also states:
- The applicable law when it is not French law;
- The address of the insurer’s headquarters and, if applicable, the branch providing coverage;
- The name and address of the authorities responsible for supervising the insurance company providing coverage.
Clauses in policies that declare nullities, forfeitures, or exclusions are only valid if they are clearly highlighted.
L113-1: Damages caused by fortuitous events or those caused by the insured’s fault are covered by the insurer, except for explicit exclusions contained in the policy. Conversely, the insurer will not be responsible for deliberate or fraudulent fault by the insured.
L113-2: All insurance contracts (except the first paragraph for life insurance), claim management
The insured has the obligation:
- To answer accurately the questions asked by the insurer, especially in the risk declaration form through which the insurer questions them when concluding the contract, about circumstances likely to influence the insurer’s risk assessment;
- To pay the premium or contribution at the agreed times;
- To declare, during the contract, any new circumstances that either increase the risks or create new ones, making previous answers given to the insurer, especially in the pre-contractual form, inaccurate or void. The insured must, by registered letter or electronic registered send, declare these circumstances to the insurer within fifteen days of becoming aware of them;
- To notify the insurer, as soon as they become aware of it and at the latest within the deadline set by the contract, of any claim likely to trigger the insurer’s coverage. This deadline cannot be less than five working days. This minimum period is reduced to two working days in case of theft and twenty-four hours in case of livestock mortality. Failure to declare in time may result in forfeiture.
L113-3: all contracts except life insurance
Non-payment of premium: following the 10-30-10 rule.
L113-8: nullity of the contract when the insured makes a false declaration that increases the risk
L113-9: increase in premium if the insurer discovers the false declaration before the claim.
Or a proportional reduction in premium if the false declaration is discovered after the claim.
L113-12: provides that the insurer has the right to terminate the insurance contract within 10 days following a claim, provided that the risk was not intentionally increased by the insured. This provision allows the insurer to end the contract if they consider the risk to have become too great to cover.
L113-16: in case of occurrence of any of the following changes:
- Address;
- Marital status;
- Matrimonial regime;
- Profession;
- Professional retirement or permanent cessation of activity.
Indemnity principle
L121-1: indemnity principle
The compensation cannot exceed the amount of damages.
L121-4: explanation of the calculation for multiple insurance coverage
L121-10: in case of death, insurance automatically continues for the heirs or the purchaser
L124-5: subsequent guarantee of 5 years: coverage period
L132-1: A person’s life can be insured either by themselves or by a third party.
L132-5: The life or capitalization insurance contract must include clauses that ensure the security of the parties and clarity of the contract.
L132-5-1: The insured can withdraw up to 30 days after signing the life or capitalization insurance contract.
L132-5-2: The insurer provides the insured with a note regarding the conditions of withdrawal — a note on the essential provisions of the contract.
L132-7: Death contracts do not cover suicide in the first year of the contract. Coverage begins from the second year onward.
L132-8: The choice of beneficiary.
L132-11: If no beneficiary has been designated, the life insurance proceeds will go into the contractholder’s estate.
L132-13: The amount payable to the beneficiary is not subject to inheritance tax brackets or reserved to heirs.
L132-22: The insurer must communicate annually:
- The contract amount
- The amount of guaranteed capital
- The premium of the contract
- The return of the contract
- The value of the contract in UC
I hope this article will help you include more legal articles in your upcoming tests!
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If you are pursuing studies like a BTS assurance, it is important for you to understand legal concepts well. You may have discovered some information that will be highly useful for better understanding the articles of the insurance code, and it is important for you to continue learning some intricacies of law since you will encounter them every day in the insurance universe. Therefore, it is very important that law is not foreign to you if you want to be comfortable with insurance matters.
For this reason, know that you can take support courses in law. These teachings will be very useful since you will have the opportunity to acquire notions that will be helpful both in your profession and in everyday life. To do this, we recommend visiting the previous site as it is a platform where you can find a private tutor. By visiting this site, you will have the opportunity to perform a personalized search and thus find your future tutor!
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