sports daily "L'Equipe" published a few weeks ago a short but entertaining article on the difficulties faced by the leaders of the Barcelona football club, to ensure conditions satisfactory against the chances of their prestigious team win every competition she entered and thus incur considerable sums including performance bonuses payable to his players ...
The journalist gave few details but noted the optimism expressed by officials about their Catalan chances of finding an insurance policy to meet their expectations, that is to say at reasonable cost.
is deducted from the turn of this article that, obviously, companies had already accepted the principle of such a contract, but financial conditions disadvantageous.
The fact that a European company seems customary concluding such agreements would mean that one can insure against his own chances of success ...
Traditionally, the doctrine defines the contract of insurance as the operation whereby, against payment of a fee or premium, fixed or variable, or a series of contributions or premiums, an insurance company promises to take care of, by payment or provision of services, the impact that certain events may occur in defined circumstances, a property, a person or property.
In the same way that gambling and betting and life annuity, the insurance contracts is uncertain, as defined by section 1964 of the Civil Code, such as reciprocal agreements whose effects, as to benefits and losses, or to all parties, either for one or more of them, depend on an uncertain event.
The assessment of hazard in insurance contracts, notes from the Court of Cassation, the assessment of the trial court ...
Article L. 113-1 of the Insurance Code tells us that:
- losses and damages caused by accidents or acts caused by the fault of the insured are paid by the insurer, except in limited and formal exclusion contained in police;
- the insurer is not liable for losses and damages from willful misconduct or fraud of the insured.
However, the insured wins a trophy and willfully commits and the guarantee of the insurer is guilty of willful misconduct ... well
As the authors note how these issues of doctrine hazard, insurers themselves , traded on its demand when they offer, liability insurance, said the guarantee of recovery of the past which are covered with the damage before signing the contract, provided they are unknown to the applicant. It is true that the leaders FC Barcelona know they will win every titres.En this hazard could be respected ...
can also ask the question another way: by entering into contracts guaranteeing their players bonuses they will clearly not take without risking burdening their financial health, the managers of the club have obviously committed fault management, against which they seek to ensure, by taking out insurance policies ...
vast question than that posed by these glorious football, which we can learn from especially useful: in terms of insurance contract everything is negotiable ...
Regis Berthelon - Lawyer
