Remboursement éventuel de la prime d'assurance

Voici un échange de mail avec le liquidateur de la compagnie ALPHA :

Question :

I want to know the conditions of refound of ALPHA insurance premiums.

1st case:

Custumers who have underwroten a "DOMMAGES-OUVRAGE" for their building. The work (site) is not finished. It is in progress. And you know that the guarantee begin AFTER the end of the work. I estimate that the insurance premium must be repaid 100%.

2nd case :

Clients who have underwroten a "DOMMAGES-OUVRAGE" for their building. The construction is finished for X months. And you know that the guarantee lasts 10 years (120 months).Il believe that the premium must be pro-rated. ((120 - X )/120) % of the premium must be refunded.

3th case :

Building craftmans who have underwroten an annual insurance. At least, the premium must be pro-rated (we must reimburse the period after May 8th).


Réponse :

The Danish Guarantee Fund only covers damages occurred before the date of the bankruptcy until 4 weeks after a message from the estate that we haven’t sent out yet. However, the claim must be filed within 6 months from the bankruptcy in effect meaning that your customers only have a discovery period of 6 months.



It the 1st and 2nd case it is my opinion that, if all other requirements under the DGF legal framework – namely that it must be a private line/consumer insurance – are met, this lets to the conclusion that your customers will have a claim on return premium at least concerning the discovery period beyond the 6 months. If the discovery period never begins, then I agree that the reimbursement should be for the full 10 year period. However, it is subject to the interpretation of the DGF, that I’m not aware of at this time. I’ll look in to this and return as soon as possible.



The 3rd case is not covered by the DGF and return premium can only be claimed against the estate and will only be paid on a dividend basis.



I’m not aware of the possibilities that the ACPR and FGAO might provide for your customers but I’ll make sure to ask the DGF if they know of any French schemes that might provide cover/return premium.



No matter the case return premium must be actively filed for. We are working on a web-solution for this and will inform you as well as the insured as soon as the solution are ready. Will you be able to sent out the information since we don’t hold the contact information to your consumers?