Consumer and banking · Insurance · misrepresentation
Insurance misrepresentation and nullity in France
Nullity for intentional insurance misrepresentation requires intent and an effect on the risk or the insurer’s assessment. The undisclosed fact need not have caused the loss. Where bad faith is not established, article L113-9 excludes nullity and distinguishes discovery before or after loss. After loss, reduction uses evidenced premiums, not a simple difference in property area.
- Establish intent
- Before or after loss
- Premium ratio
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Is an exclusion the same as nullity?
Let’s read the insurer’s reasons before classifying the declaration and its effects.
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What must be established for nullity?
L113-8 concerns intentional omission or misrepresentation changing the risk or diminishing its assessment. A clerical discrepancy alone does not demonstrate those elements. Record the question, answer and exact reasons for the decision.
How can the letter and its calculation be classified?
Select the stated basis; the worksheet separates evidence and consequences for review.
Fictional example · Your preparation worksheet
Intent and effect on risk assessment must be established. A discrepancy alone does not prove nullity.
- Retain the questionnaire, answers, amendments, policy and reasoned letter.
- Identify the disputed fact, date and evidence of alleged intent.
- Request the relied-on risk or premium evidence, then have the consequences examined.
Calculation establishes neither bad faith nor the loss amount. The ratio uses premiums, not simply property area or value.
Must the omission have caused the loss?
The provision allows nullity even where the omitted risk did not influence the loss. Intent and effect on risk assessment still need establishing. Lack of causation does not by itself decide whether the allegation can be challenged.
Which consequences follow each basis?
| Situation | Consequence to examine |
|---|---|
| Established intent and risk effect | Nullity under L113-8 |
| No bad faith, before loss | Continued cover or regulated termination |
| No bad faith, after loss | Reduction using evidenced premiums |
Code des assurances, article L113-8Code des assurances, article L113-9
What happens without bad faith before a loss?
Nullity is excluded. The insurer may maintain the contract with an agreed premium increase or terminate ten days after registered notice, refunding unused premium. This branch differs from reducing indemnity after a loss.
How should after-loss reduction be read?
L113-9 uses the ratio of premium paid to premium that should have been paid for correctly declared risk. Request both calculations on the same basis. In the example, 10,000 × 400 / 500 gives €8,000, subject to those assumptions.
What does the governing text say about misrepresentation?
le contrat d'assurance est nul en cas de réticence ou de fausse déclaration intentionnelle de la part de l'assuré
In plain English: L113-8 and L113-9 distinguish intent, discovery timing and consequences.
Are premiums always retained after nullity?
L113-8 provides for retention of premiums and certain amounts as damages, but that paragraph does not apply to life insurance. Identify the product before generalising that consequence.
What else should you know about misrepresentation?
Is an exclusion the same as nullity?
No. Identify the actual statutory or contractual basis.
Code des assurances, article L112-4Code des assurances, article L113-8
Does an error prove intent?
No. Intent and effect on risk require examination.
Can a floor-area ratio be used?
L113-9 uses the premium ratio, not a simple square-metre ratio.
Does calculation decide what the insurer owes?
No. It illustrates a conditional formula using amounts requiring evidence.
Which sources explain misrepresentation?
- Code des assurances, article L113-8Légifrance / DILA
- Code des assurances, article L113-9Légifrance / DILA
- Code des assurances, article L112-4Légifrance / DILA
Texts cited last checked: 19 October 2026