Section XI: Special provisions applicable to property damage caused by mining.

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L421-17

Article L421-17

French Insurance CodeIn force
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Updated 8 Nov 2023

I.-Any person who owns a property that has suffered damage since 1st September 1998 as a result of current or past mining activity while it was occupied as their main residence shall be compensated for this damage by the guarantee fund. However, when the property has been acquired by transfer and a clause exonerating the mining operator from liability has been validly included in the transfer contract, only the damage referred to in article L. 155-5 of the Mining Code suffered as a result of a mining incident within the meaning of the said article, recorded by the State representative, is compensated by the fund.

II - The compensation paid by the fund provides full reparation for the damage referred to in I, subject to a ceiling. When the extent of the damage to the building makes it impossible to repair the damage, full compensation must enable the owner of the damaged building to recover ownership of a building of equivalent size and comfort as soon as possible. If the damage is covered by insurance, the compensation paid by the fund is in addition to that due in this respect.

III - Any person who has suffered such damage must draw up a description of the damage with the guarantee fund. The amount of compensation paid by the fund is mentioned in the description. When the amount of this compensation is less than an amount specified by decree by the Conseil d'Etat, the victim is presumed to have suffered the damage mentioned in the description and the compensation paid by the guarantee fund is presumed to make good this damage under the conditions set out in II, if an expert assessment has been carried out by an expert chosen by the guarantee fund. These presumptions are simple. In any event, the amount of compensation paid to the victim remains his property.

IV -Unless more favourable provisions have been made, compensation from the fund must be paid to victims of such damage within three months of the date of submission of the description of the damage or the date of publication, where this is later, of the report of the mining claim by the State representative provided for in the second paragraph of article L. 155-5 of the Mining Code.

V.-The guarantee fund is subrogated to the rights of the persons compensated to the extent of the sums it has paid them.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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