Insurance: authorisations, reports and contracts · France / Switzerland
Direct coinsurance: shares and lead-insurer authority
Direct coinsurance must be read from the policy and signed allocation of insurers’ commitments. Compare shares, insured scope, premium and claims before identifying the lead insurer’s actual authority. France’s and Switzerland’s legal context does not replace the particular mandate or agreed liability wording. Powers to amend, receive notices or settle are not automatically identical. Keep separate-liability or solidarity terms visible and distinguish the direct policy from an insurer’s reinsurance treaty.
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Direct-insurer share and lead-authority matrix
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What signed schedule establishes each risk and premium share?
France: connect signed allocation, shares and premiums to the insured perimeter. Switzerland: retain the equivalent actual schedule; a proposed allocation neither supplies a missing share nor establishes another insurer’s acceptance.
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Which insurers are directly named on the policy?
France: identify insurers directly named in the actual policy and version. Switzerland: establish the corresponding direct-insurer roles; a name on a presentation or invoice does not alone prove co-insurer status for the risk.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
What signed schedule establishes each risk and premium share?
France: connect signed allocation, shares and premiums to the insured perimeter. Switzerland: retain the equivalent actual schedule; a proposed allocation neither supplies a missing share nor establishes another insurer’s acceptance.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Preparation reference: Direct-insurer share and lead-authority matrix
| Preparation question | Point to verify |
|---|---|
| Which insurers are directly named on the policy? | France: identify insurers directly named in the actual policy and version. Switzerland: establish the corresponding direct-insurer roles; a name on a presentation or invoice does not alone prove co-insurer status for the risk. |
| What signed schedule establishes each risk and premium share? | France: connect signed allocation, shares and premiums to the insured perimeter. Switzerland: retain the equivalent actual schedule; a proposed allocation neither supplies a missing share nor establishes another insurer’s acceptance. |
| How do the shares and insured perimeter reconcile? | France: compare shares by risk, period and version rather than one undifferentiated total. Switzerland: the same supplied-record discipline applies; a 100% total does not prove every coverage condition or compatibility of different scopes. |
| Which mandate allows the lead insurer to act for others? | France: retain the lead insurer’s mandate and powers granted by the others. Switzerland: identify the actual lead-insurer authority separately; leader title or invoicing alone does not demonstrate unlimited representation. |
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
How do the shares and insured perimeter reconcile?
France: compare shares by risk, period and version rather than one undifferentiated total. Switzerland: the same supplied-record discipline applies; a 100% total does not prove every coverage condition or compatibility of different scopes.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Direct-insurer share and lead-authority matrix
Synthetic example: fictional records. Direct-insurer share and lead-authority matrix.
Synthetic example: fictional records · Direct-insurer share and lead-authority matrix
- Jurisdiction
- France
- Policy and insurers
- Policy P1, insurers A1 and A2
- Shares and scope
- Schedule Q1, risks R1
- Lead-insurer mandate
- Clauses M1, powers L1
- Premium and claims
- Allocation F1, payments S1
- Supplied rows
- 2
| Direct insurer | Share (%) | Supplied premium | Supplied indemnity | Currency | Evidence |
|---|---|---|---|---|---|
| A | 60 | 600 | 60 | EUR | SYN-S1 |
| B | 40 | 400 | 40 | EUR | SYN-S1 |
Keep separate-liability or solidarity terms visible and distinguish the direct policy from an insurer’s reinsurance treaty.
Which mandate allows the lead insurer to act for others?
France: retain the lead insurer’s mandate and powers granted by the others. Switzerland: identify the actual lead-insurer authority separately; leader title or invoicing alone does not demonstrate unlimited representation.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Which official provision helps explain this situation?
Direct coinsurance must be read from the policy and signed allocation of insurers’ commitments. Compare shares, insured scope, premium and claims before identifying the lead insurer’s actual authority. France’s and Switzerland’s legal context does not replace the particular mandate or agreed liability wording. Powers to amend, receive notices or settle are not automatically identical. Keep separate-liability or solidarity terms visible and distinguish the direct policy from an insurer’s reinsurance treaty.
What authority covers amendments, notices, settlement and service?
France: distinguish amendment, notice receipt, negotiation and settlement powers. Switzerland: connect each act to the actual mandate likewise; authority to receive information does not automatically establish authority to settle every disputed claim.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Which solidarity or separate-liability wording is actually agreed?
France: examine actual joint-liability or separate-obligation wording and applicable law. Switzerland: no universal solidarity or non-solidarity rule is assumed; the preparation record retains the clause and unresolved legal question rather than deciding it.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
What evidence establishes premium and claim allocation?
France: the table records supplied insurer, share, premium, indemnity, currency and evidence. Switzerland: the same ledger makes no currency conversion or accepted-debt inference; a recorded allocation is not proof of actual payment.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Why is direct coinsurance separate from a reinsurance treaty?
France: direct co-insurance differs from ceded reinsurance under the actual structure. Switzerland: retain that distinction and VVG Article 101’s reinsurance exclusion; a lead-insurer title does not turn the other direct carriers into reinsurers.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
What other questions arise in this file?
What signed schedule establishes each risk and premium share?
France: connect signed allocation, shares and premiums to the insured perimeter. Switzerland: retain the equivalent actual schedule; a proposed allocation neither supplies a missing share nor establishes another insurer’s acceptance.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Which mandate allows the lead insurer to act for others?
France: retain the lead insurer’s mandate and powers granted by the others. Switzerland: identify the actual lead-insurer authority separately; leader title or invoicing alone does not demonstrate unlimited representation.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Which solidarity or separate-liability wording is actually agreed?
France: examine actual joint-liability or separate-obligation wording and applicable law. Switzerland: no universal solidarity or non-solidarity rule is assumed; the preparation record retains the clause and unresolved legal question rather than deciding it.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Why is direct coinsurance separate from a reinsurance treaty?
France: direct co-insurance differs from ceded reinsurance under the actual structure. Switzerland: retain that distinction and VVG Article 101’s reinsurance exclusion; a lead-insurer title does not turn the other direct carriers into reinsurers.
Code des assurances : entreprises : L310-1-1Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101Insurance Contract Act LCA/VVG/LCA : 100, 101
Which official references should you consult?
- Code des assurances : entreprises : L310-1-1www.legifrance.gouv.fr
- Insurance Contract Act LCA/VVG/LCA : 100, 101fedlex.data.admin.ch
- Insurance Contract Act LCA/VVG/LCA : 100, 101fedlex.data.admin.ch
- Insurance Contract Act LCA/VVG/LCA : 100, 101fedlex.data.admin.ch
Texts cited last checked: 3 November 2026