Credit insurance

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  • Disclosure requirements for loan insurance

    By Charlotte GAUCHON
    19 April 2025
    The relationship between a borrower and his bank turns into an obstacle course when a dispute arises over borrower's insurance. This protection, which is often required in practice when taking out a mortgage, suffers from a chronic lack of information. This complex mechanism involves three players: the insurer who draws up the policy, the bank that offers it, and the borrower who takes out the policy. Case law has gradually strengthened the information requirements to protect the borrower. The pre-contractual information obligation The pre-contractual information obligation is the borrower's first line of protection. The Insurance Code and case law require the underwriter (the bank) to provide clear, precise and comprehensible information on the cover offered. In a ruling handed down on 5 April 2018 (Cass. 1re civ., 5 Apr. 2018, no. 13-27.063), the Court of Cassation stated that the standardised information sheet cannot be equated with the contractual documents. It must enable the borrower to understand the essential features of the contract. This...
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