Article 1862. Causation of Loss

(1) Neither the policyholder nor the insured, as the case may be, shall be entitled to indemnity to the extent that the loss was caused by an act or omission on his part with intent to cause the loss or recklessly and with knowledge that the loss would probably result.
(2) The policyholder or insured, as the case may be, shall be entitled to indemnity in respect of any loss caused by an act or omission on his part that was negligent. A clause providing for exclusion of the liability of the insurer in case of negligence of the policy holder or the insured, as the case may be, can be relied upon if it is clearly worded.
(3) For the purposes of paras. (1) and (2) causation of loss includes failure to avert or to mitigate loss.