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Your First name/Last name

Address

Postal code/ CITY

[Name of your insurer]

Address

Postal code/ City

Done in [your city], on [specify the date].

 

Subject: Contestation of the interpretation of clause in insurance contract No. [indicate your policy number]

Madam, Sir,

I suffered a loss on [indicate the date of your incident], which I duly reported to you. In a letter dated [indicate the date you received your insurer’s letter] you refused to compensate me on the basis of a clause in the contract which states [indicate the clause concerned].

In my view, your interpretation of this clause is incorrect.

Indeed, the clause is not drafted in sufficiently clear terms. Yet, the law provides in Article 1190 of the French Civil Code that “in case of doubt, a contract concluded by mutual consent shall be interpreted against the creditor and in favour of the debtor, and an adhesion contract against the party who proposed it,” and Article L133-2 of the French Insurance Code states that: “the terms of contracts offered by professionals to consumers or non-professionals must be presented and drafted in a clear and understandable manner.

They shall be interpreted, in case of doubt, in the manner most favourable to the consumer or non-professional […].”

I therefore ask you to kindly reconsider your position and compensate me as soon as possible.

While awaiting your reply, please accept, Madam, Sir, the expression of my best regards.

 

[Your signature]

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