Under French law, the injured third party has a direct right of action against the insurer covering the civil liability of the liable party. The injured third party has a right of his own to the insurance indemnity and to exercise this right, he has an action which he brings directly against the insurer.
The direct action can be exercised by persons who are entitled to seek compensation for the damage caused by the insured liable party. Thus, the holder of the liability action against the insured is the holder of the direct action against the insurer. This includes not only the victims but also those who are subrogated to their rights.
The admissibility of the direct action is not conditional on the involvement of the insured in the proceedings.
The victim’s claim against the insurer can only relate to the insurance indemnity as defined and limited by the contract.
The victim’s direct action against the liability insurer is barred by the same time limit as his action against the liable party, and can only be brought against the insurer beyond this time limit as long as the insurer remains exposed to recourse from his insured.
Under Swiss law, on January 2022 lawmakers implemented the direct claim against all kind of liability insurers. The Swiss concept of the direct claim against the liability insurer provides that the insurer is entitled to raise all defenses available to the insurer by the applicable liability regime as well as under the insurance contract.
Cem Arikan, Partner, Klein Law, Zurich (Switzerland) – Swiss law. Linkedin: https://www.linkedin.com/in/cem-arikan-ll-m-2465a1145/
Email: arikan@kleinlaw.ch
Ansam Okbani, Lawyer-Independent Consultant, Madrid (Spain) – French law. Linkedin: https://www.linkedin.com/in/okbaniansam/
Email: ansamokbani@outlook.com
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