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Judgment of the French Cour de cassation, Chambre civile 3, 7 March 2024, 22-20.555

Judgment of the French Cour de cassation, Chambre civile 3, 7 March 2024, 22-20.555

Published on : 29/05/2024 29 May May 05 2024
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Source : www.doctrine.fr
A recourse action by a liable party against the liability insurer of a co-liable party is time-barred according to the same rules as those applicable to a recourse action against the other liable party.
Consequently, a recourse action brought by the insurer of a builder, who is subrogated to the rights of his insured, against the insurer of another builder is not time-barred until the period provided for in article 2224 of the French Civil Code has expired, regardless of whether the insurer thus sued is no longer exposed to recourse from his insured, because of the expiry of the two-year limitation period provided for in article L. 114-1 of the French Insurance Code.
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