Success before the Douai Court of Appeal:
Action against insurer dismissed
Our litigation team successfully represented a leading German insurer in a complex, cross-border liability and insurance dispute before the Cour d’appel Douai. After many years of litigation – from court-appointed expert proceedings to the French Court of Cassation – the claims against our client were dismissed in their entirety.
The context of the proceedings
- A German company supplied steel pipes that were integrated into a fermenter in France; damage occurred to the fermenter.
- According to the findings of the court expert, the supplier's liability was at issue; one of the points of contention was whether its two liability insurers had to cover the damage (one of them represented by our law firm).
The outcome at a glance
- Although the pipe supplier's liability for the damage suffered by the end customer was confirmed, our client's obligation to provide cover was denied.
- Although the French Court of Appeal affirmed the cross-border application of French liability law and the direct claim against the German insurer, it followed our argument regarding the late notification of the claim under German law: The objective time limit on the policy applies, meaning that no insurance cover is provided.
- All procedural objections raised by the opposing party under French law were dismissed.
Damages and costs
The opposing party was ordered to bear the costs of the proceedings since the first instance, including the costs of the court expert proceedings. In addition, the court awarded our client exceptionally high compensation for legal costs (in particular lawyers' fees) in the amount of EUR 75,000.
The case was handled by Jeanne Faymonville and Edith Aupetit, supported by Dr Priscilla Merabti, Caroline Reneaume (for aspects of French law) and Dr Christine Klein (for aspects of German law).
Our team's expertise in both French and German law was crucial to the success of this mandate. Thanks to our dual expertise, we were not only able to analyse German law precisely and comprehensively, but also to communicate all its intricacies in a way that was fully understandable and accessible to the French court. This ability to translate and adapt complex legal concepts contributed significantly to representing our client's interests effectively and convincingly.
Qivive regularly advises industrial companies and insurers in highly complex disputes at the interface between civil law and insurance law.
