Article 1861. Multiple Insurance

(1) The policy holder must declare the existence of all insurances relating to the same interest, this obligation being incumbent on it both on the date of conclusion of the insurance contracts and during their performance.
(2) If the same interest is separately insured by more than one insurer, the insured shall be entitled to claim against any one or more of those insurers to the extent necessary to indemnify losses actually suffered.
(3) The insurer against which a claim is brought shall pay up to the sum insured under the terms and conditions of its contract, together with the mitigation costs if any, without prejudice to its rights to contribution from any other insurer.
(4) As between insurers, the rights and obligations referred to in para. (2) shall be in proportion to the amounts for which they are separately liable to the insured (i.e. if there were no multiple insurance).