Any occupant of a house or apartment, whether owner or tenant, has generally signed a home insurance policy. This contract, which makes the law between the parties, is enforceable against the insurer and the insured. This is why it is important to read it before signing.

The home insurance policy is made up of 3 elements: the general conditions, the special conditions, and the special agreements. It is possible, however, that before signing it definitively, the insurer will send you a cover note. The point now.

Summary

  • Cover note sent before the insurance policy
  • General Conditions (GC)
  • Special Conditions (SC)
  • Special Agreements
  • Dividers and riders

A Comprehensive Guide to Renters Insurance?
A Comprehensive Guide to Renters Insurance?

Cover note sent before the insurance policy

What is the cover note?

The cover note is a provisional document issued by the insurer or his representative which establishes the reciprocal commitment of the parties ( article L. 112-2 of the Insurance Code ).

It is of a temporary nature because it is established to establish a guarantee before the establishment of the definitive insurance policy. It certifies that your risk is covered from the date indicated and for the planned duration.

The cover note can have 2 distinct objects:

  • it urgently guarantees a risk that needs to be fully analyzed by the insurer. The cover is therefore granted for a given period, at the end of which the insurer will give its decision on whether or not to cover the risk;
  • it establishes the firm and definitive commitment of the insurer and the subscriber. In this case, it constitutes a provisional document pending the final drafting of the insurance policy.
Form of cover note

Unlike the insurance policy, the cover note is not subject to any regulated form condition. It is by nature very brief and has no obligation to contain certain information or to be called a “cover note”.

All this is therefore sometimes a source of disputes because the distinction with other insurance documents can be tricky (for example with the insurance certificate ).

Scope of cover note

The indications appearing on a note of cover can be very brief, what happens if you suffer a claim during this provisional period? How to determine the exact extent of your obligations and those of your insurer?

It is the case law that has come to lay down the principle according to which "the implementation of a cover note must be made according to the general conditions of the standard policy of the insurer, even if the note does not refer to it. not ( Court of Cassation, 1st Civil Chamber, March 7, 1989, No. 87-10.266 ).

However, the judges of the bottom interpret the principle according to which only are opposable to the co-contracting party the clauses brought to its attention. Thus, for example, the exclusions of the guarantee must be mentioned in the note of cover to be opposable to the subscriber, the only reference to the general conditions of the standard policy is not enough.

General Conditions (GC)

Sometimes also called “general provisions”, and presented in the form of a booklet of around sixty pages, their purpose is to bring together all the operating rules common to all contracts, with references to the Insurance Code.

They define in particular the nature and extent of the guarantees granted and generally include a lexicon (or glossary) explaining the terms specific to the insurance.

They also include the “table of guarantees”. This document is a summary description of the guarantees granted, about the quality of the occupant (owner, tenant, non-occupant owner, etc.). It may also specify the limits of the guarantees granted. They specify in particular: 

  • warranty exclusions, both general and specific;
  • the maximum amounts per guarantee (if not specified in the table of guarantees);
  • the methods of declaration, expertise, and settlement in the event of a claim;
  • the terms of termination by the insured and by the insurer;
  • the procedures for complaints and mediation in the event of a dispute with the insurer;
  • the obligations of the insured during the contract (modification of the risk, claim, etc.).

Special Conditions (SC)

Also referred to as “special provisions”, they come in the form of 1 or 2 sheets. They are intended to personalize the contract.

They specify in particular the following elements:

  • the surname and first names of the subscriber;
  • the address of the insured risk;
  • the quality of the occupant (owner, tenant, etc.);
  • the guarantee formula taken out (if a choice is possible);
  • the extensions of guarantees, options, packs, or reinforcements of guarantees taken out;
  • the effective date of the contract;
  • the main due date;
  • the initial contribution;
  • the possible splitting of the premium (monthly, quarterly, half-yearly, annual);
  • the underwriting index;
  • the date and signature of the subscriber.

Any other element useful for personalizing the risk is specified in this document.

Special Agreements

This element is not systematically included in the contract. It exists only in cases where it is necessary to provide details on the description of the guaranteed risk.

In this case, all the particularities of the risk are mentioned there (particularity of the construction, presence of elements which could aggravate the risk - petrol, fodder, etc. -) and any declarations by the insured party concerning the risk.

Dividers and riders

Different specific clauses can be inserted during the contract in the form of inserts or endorsements accepted and approved by the parties. These documents are included, as the case may be, in the general conditions or the special conditions of the insurance policy.