Automobile Insurer Liability and Interpretation of Owner Relative Exclusion Clause
France (FR)
Synthèse Legislator
Généré par l'IAA claim was brought against an automobile insurer by a person injured while driving a vehicle owned by their employer, arguing that the policy's clause excluding coverage for the owner's relatives operating the vehicle was inapplicable because the driver was not a relative of the employer. The Court of Cassation quashed the lower court's decision, reasoning that the exclusion clause, which was clearly worded to only exclude relatives of the *owner*, could not be interpreted to exclude the driver simply because they were related to the *employer* when the employer was not the owner, thereby upholding the principle that contractual exclusions must be strictly interpreted against the insurer and in favor of coverage when the exclusion's conditions are not met.
Regeste Legislator
Généré par l'IAAutomobile Insurer Liability and Interpretation of Owner Relative Exclusion Clause: The Court of Cassation quashed the lower court's decision, reasoning that the exclusion clause, which was clearly worded to only exclude relatives of the *owner*, could not be interpreted to exclude the driver simply because they were related to the *employer* when the employer was not the owner, thereby upholding the principle that contractual exclusions must be strictly interpreted against the insurer and in favor of coverage when the exclusion's conditions are not met.