Law no. 2021-1837 of 28 December 2021 replaced law no. 82-600 of 13 July 1982 and subsequent amendments, relating to the compensation of victims of natural disasters (article L.125-1 of the insurance code). It aims to compensate victims of natural disasters on the basis of the principle of sharing among all policyholders and the establishment of a state guarantee.
This system was set up to guarantee damage caused by risks not covered by traditional insurance rules to movable or immovable property covered by an insurance contract.
Three conditions must be fulfilled to create a natural disaster dossier.
However, compensation can only occur when the state of natural disaster has been declared by interministerial decree.
First condition relating to the nature of the damage
Only direct material damage whose cause is the abnormal intensity of a natural agent can be considered as effects of natural disasters. The law preserves only the abnormal aspect of the natural phenomenon, not taking into account the extent of the damage.
Second condition relating to the nature of the event
The natural catastrophe guarantee is called upon to intervene against risks not covered according to traditional insurance rules. These include floods, runoff of water or mud, torrential hazards, avalanches, rock collapses, landslides or landslides, earthquakes, and shrinkage-swelling of clays.
Consequently, all other damages should normally give rise to compensation under conventional insurance coverage, excluding the natural disaster regime. This is particularly the case with lightning, thunderstorms or hail.
Third condition relating to the guaranteed goods
Only movable or immovable property not belonging to the state and covered by non-life insurance can benefit from coverage for natural disasters (regardless of whether the property belongs to a natural or legal person, an association or a community).
Therefore, the scope of the procedure in the event of natural disasters does not include assets not insured or generally excluded from non-life insurance contracts, in particular land, plantations, fences, retaining walls, pipes, roads, engineering works
civil.
In the Allier
Since the entry into force of the 1982 law, on March 1, 2022, in total 1838 Municipal requests for recognition of the state of natural disaster in the Allier have been granted for flooding and landslides, landslides, earthquakes, droughts.
