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: Contesting the interpretation of a clause in insurance contract No. [indicate your policy number]
Madam, Sir,
I suffered a loss on [indicate the date of your loss], 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 grounds of a contractual clause stating [indicate the clause concerned].
In my view, your interpretation of said 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 entered into by mutual agreement shall be interpreted against the creditor and in favour of the debtor, and an adhesion contract against the party who proposed it,” and in Article L133-2 of the French Insurance Code that: “the clauses of contracts offered by professionals to consumers or non-professionals must be presented and drafted in a clear and comprehensible manner.
They shall be interpreted, in case of doubt, in the way 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]