INSURANCE LAW AND CIVIL LIABILITY


The team at PASTOR-BENSA has developed particular expertise in insurance law and civil liability.

 

The firm works primarily in the following areas :

  • Professional indemnity insurance (builders, suppliers, manufacturers, estate agents, insurance agents, regulated professions, etc.)
  • Medical indemnity insurance (doctors, public hospitals and private care facilities)
  • Disputes related to road traffic accidents and accidents at work
  • Physical injury
  • Fire, accident and miscellaneous risks insurance
  • Life insurance and welfare protection

Private law in Monaco features numerous characteristics that differ from French law.

 

The Principality has its own Civil Code, promulgated on 21 December 1880, and has also adopted numerous special pieces of legislation, for example: Act no. 129 of 22 January 1930 on the length of insurance policies, Act no. 609 of 11 April 1956 codifying the legislation concerning taxes payable on policies by insurance companies, Ordinance no. 3.041 of 19 August 1963 making the Convention pertaining to the regulation of insurance, signed in Paris on 18 May 1963, binding on Monaco, and Ordinance no. 4.178 of 12 December 1968 on the introduction of state control over insurance companies of all kinds and levels of capitalisation, for the purpose of organising the insurance industry.

 

Similarly, the Principality has specific legislation in relation to accidents at work; these are governed by Act no. 636 of 11 January 1958, which amends and codifies the legislation on reporting, compensation and insurance for accidents at work.

 

The degree of incapacity of victims of accidents at work is defined in a Ministerial Decree of 14 January 1947.

 

In light of these numerous specific characteristics, dealing with any issues related to insurance law and liability requires a detailed knowledge of case law in Monaco.