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Definition
Article 405
Under contract for "liability" insurance the insurer shall be obliged to cover, within the sum provided in the contract, the liability of the assured for property and non-property damages which he has caused to third parties.
Notification
Article 406
- (1)
- The assured shall be obliged to notify within seven days the insurer of circumstances which could result in occurrence of "liability". Within the same term the assured shall be obliged to notify the insurer about claims raised against him, or payments that he has effected.
- (2)
- In the case of an action brought by the injured party, the assured must request the insurer be summoned as a party to the court proceedings.
Direct Claim
Article 407
- (1)
- The injured party to which the assured is liable shall be entitled to claim indemnity directly from the insurer.
- (2)
- The insurer shall be liable to the injured party in the case where the assured has caused the damages thereto intentionally as well. In such case he shall be entitled to a recourse action against the assured for sums he has paid to the injured party.
- (3)
- The insurer shall be entitled to make the objections ensuing from the contract and from the liability of the assured, with the exception of objections under Article 389.
Settlement
Article 408
A settlement between the injured party and the assured, as well as the recognition of the obligation by the assured, shall have effect for the insurer provided he approves them.
Right of the Assured
Article 409
The assured shall be entitled to claim from the insurer the insurance indemnity, provided he has satisfied the injured party.
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