Article 1880. Direct Claims and Defences

(1) Victims are to enforce their rights against the persons liable to repair the loss.
(2) To the extent that the policyholder or the insured, as the case may be, is liable, the victim shall be entitled to a direct claim for compensation against the insurer under the insurance contract in any of the following cases:
a) if the insurance is compulsory;
b) if insolvency proceedings are commenced against the policyholder or the insured, or
c) if the policyholder or insured has been liquidated or wound up;
d) if the victim has suffered personal injury or died, or
e) if the law governing the civil liability provides for a direct claim.
(3) The insurer is liable as against the victim to the extent of its obligation under the insurance contract.
(4) As against the victim, the insurer may raise defenses available under the insurance contract unless prohibited by specific provisions of the compulsory insurance. However, the insurer is not entitled to raise any defense based upon the conduct of the policyholder and/or the insured after the loss.
(5) The insurer pays the indemnity directly to the victim to the extent it was indemnified by the insured.
(6) Where the insured proves that it indemnified the victim, the indemnity is paid to the insured.