A A A + | -

Article 1842. Clause on Precautionary Measures

(1) A precautionary measure means a clause in the insurance contract, whether or not described as a condition precedent to the liability of the insurer, requiring the policyholder or the insured, before the insured event occurs, to perform or not to perform certain acts.
(2) If the insurance contract provides that in the event of non-compliance with a precautionary measure the insurer shall be entitled to terminate the insurance, then such clause may be relied only if the policyholder or the insured has breached its obligation with intent to cause the loss or recklessly and with knowledge that the loss would probably result. The insurer loses the right to terminate if it fails to exercise it within one month of the time when the non-compliance with a precautionary measure becomes known or apparent to the insurer.
(3) If an insurance contract provides that, in case of non-compliance with a precautionary measure, the insurer is totally or partially exempt from liability, then such clause may be relied upon only to the extent that the loss was caused by the non-compliance of the policyholder or insured with intent to cause the loss or recklessly and with knowledge that the loss would probably result.
(4) The policyholder or insured, as the case may be, shall be entitled to insurance money in respect of any loss caused by negligent non-compliance with a precautionary measure. A clause which excludes liability in case of negligence of the policy holder or the insured, as the case may be, because of non-compliance with a precautionary measure may be relied upon if it is clearly worded.

Articolul 2164. Grounds for inheritance

Article 1. Scope