LEGAL NEWS / INSURANCE
"Gunfight at the OK CORAL" (How the subrogatory action works with the CORAL convention)
12 October 2021 Our regular practice of recovery and subrogation leads us to inform of the most recent case law having a significant impact for insurers who are members of the French Federation of Insurance ("Fédération Française de l'Assurance - FFA"). The subrogated insurer shall justify, before commencing any legal action against the third party's insurer, that he followed the "escalation proceeding" set forth at Article 4 of the Alternative Dispute Resolution Agreement (Convention called « CORAL »). Failing to do so results in the inadmissibility of the legal action, according to Article 122 of the Code of Civil Procedure. This firm solution has recently been decided by two rulings of the Civil Court of PARIS and the Appeals Court of DIJON, on 25 May 2021.
To learn more, please ask us additional details. We are available for any question. Thank you. Christophe Adrien & Florent Schapira Partners