CENTRAL PRICING OFFICE
LexInter | April 5, 2009 | 0 Comments

CENTRAL PRICING OFFICE

Article R250-1

The chairman and members of the Central Pricing Bureau instituted by Articles L.

125-6, L. 212-1, L. 220-5, L. 243-4 and L. 252-1 are appointed for a period of three years

renewable, by order of the Minister for the Economy and Finance, subject to

the provisions of the last sentence of 4 ° of the fourth paragraph of this article.

The president is chosen from among the State Councilors, the Court of Cassation Councilors,

master advisers at the Court of Auditors or professors of legal disciplines

universities, active or honorary.

The president and the members are replaced in the event of impediment by substitutes

appointed under the same conditions as full members.

The Central Pricing Bureau includes, in addition to the President:

1 ° When ruling on natural disaster risks under Article L.

125-6, three members representing insurance companies operating in the territory of

the French Republic, appointed on the proposal of professional bodies, the

Chairman of the Board of Directors, Chief Executive Officer of Caisse centrale de

reinsurance company or its representative, ex officio member, and two members representing the

policyholders, appointed on the proposal of the consumer college of the National Council of

consumption;

2 ° When ruling on the insurance of land motor vehicles by virtue of

Article L. 212-1, six members representing insurance companies practicing

automobile insurance in the territory of the French Republic, named on

proposal from professional bodies, and six members representing people

subject to compulsory insurance appointed on the proposal of organizations

professional at the rate of one by the permanent assembly of chamber presidents

of agriculture, one by the permanent assembly of the presidents of chambers of trades and

of crafts, one by the most representative professional bodies of transport

public road passengers or goods and three by the college of

consumers of the National Consumer Council;

3 ° When ruling on the insurance of ski-lift equipment and

building works insurance under Articles L. 220-5 and L. 243-4, six

representatives of insurance companies operating in the territory of the Republic

French, appointed on the proposal of professional bodies, and six representatives

persons subject to compulsory insurance, including a representative of the operators mentioned

in Article L. 220-1, appointed on the proposal of professional bodies, and five

representatives of persons subject to the obligations provided for in Articles L. 241-1 to

  1. 242-1, namely in particular architects, contractors, manufacturers of

prefabricated materials, developers, builders and industrial contractors,

appointed on the proposal of the most representative organizations;

4 ° When ruling on compulsory medical civil liability insurance

defined in Article L. 251-1, six members representing insurance companies

practicing civil liability insurance in the territory of the French Republic

provided for in this same article, appointed on the proposal of the organizations

professionals, and six members representing those subject to this insurance obligation.

The latter are appointed by decree of the Minister responsible for social security for a

period of three years renewable and include:

  1. a) At least one member representing health professionals practicing in a liberal capacity

on the proposal of the National Union of Health Professionals;

  1. b) At least one member on the proposal of professional bodies representing

health facilities;

  1. c) At least one member on the proposal of professional bodies representing

producers, operators and suppliers of health products as finished products

mentioned in Article L. 5311-1 of the Public Health Code, excluding 5 °, 11 °,

14 ° and 15 °.

Article R250-2

Refusal of insurance from customers cannot be referred to the Central Pricing Bureau.

damage to property or against operating losses involving the guarantee of

damage resulting from natural disasters provided for in Articles L. 125-1 and L. 125-2,

as well as the refusal to insure a person subject to the obligation to insure

motor vehicles under Article L. 211-1, or the obligation to insure vehicles

of ski lifts pursuant to Article L. 220-1, or to the obligation to insure

building work pursuant to Articles L. 241-1 to L. 242-1, or to the compulsory insurance

medical liability under Article L. 251-1, only if the insurance has been requested

by registered letter with acknowledgment of receipt at the company’s headquarters

insurance or has been deposited there against receipt.

The Central Pricing Bureau is contacted by registered letter with a request for notice of

receipt within the period of fifteen days, under penalty of inadmissibility, from the refusal of

the requested insurer or, in the cases mentioned in Articles L. 125-6, L. 220-5 and L. 252-1

of the last insurer solicited.

When it comes to the subscription of a new contract, is considered as a refusal

implicit insurance the silence kept by the insurer for more than fifteen days after

receipt of the subscription request sent in accordance with Articles L. 125-6, L. 212-1

or L. 220-5 and for more than forty-five days after receipt of the request for

subscription sent in accordance with Article L. 243-4 or L. 252-1.

Is assimilated to a refusal the fact by the insurer, seized of a request for subscription

insurance, to subordinate its acceptance to the cover of risks not mentioned

under the obligation of insurance or the extent of which exceeds the limits of the obligation

insurance.

When an insured has made use of the right of termination provided for in the second paragraph of article

  1. 113-10, he cannot, during the period of one year, seize the Central Pricing Bureau of the

refusal, opposed by the insurance company which guaranteed it, to a request for

subscription formulated in application of Articles L. 125-1 and L. 125-2, L. 211-1, L. 220-1, L.

241-1 to L. 242-1 and L. 252-1.

Article R250-3

In the cases provided for in the fourth and fifth paragraphs of article L. 125-6, the company

insurance cannot apply to the Central Pricing Bureau for the purpose of bringing to the contract

insurance a derogation from the provisions of the second paragraph of Article L. 125-2

only after having notified this proposed exemption to the insured by registered letter

with acknowledgment of receipt.

The exemption can relate either to the exclusion of a good mentioned in the contract, or to the

amount of the deductible which in the event of a claim remains the responsibility of the insured, either on

both of these elements of the contract. The amount of the deductible subject to the exemption

may be higher than that mentioned in the standard clauses provided for in article L. 125-3

without being able to exceed a limit set for each category of contracts by order of

Minister of Economy and Finance.

For the application of the previous paragraph, contracts are classified into four categories:

damage to bodies of motor land vehicles, damage to non-use goods

professional, damage to goods for professional use, operating losses.

On pain of inadmissibility, the referral to the office must take place within twenty-one

days from the date of notification of the waiver proposal to the insured.

The Central Pricing Bureau may grant the requested exemption if it considers,

given the circumstances of the case, that the risks concerned are of a serious

exceptional.

Article R250-4

The person or the insurance company requesting the intervention of the Central

pricing, as well as the relevant insurers, are required to provide the Central Bureau of

pricing the information relating to the case before it and which is

necessary to make a decision and in particular the price of the insurance company

applicable to the proposed risk.

Article R250-4-1

When ruling on compulsory medical liability insurance provided for in

Article L. 251-1 on referrals to healthcare professionals exercising in a liberal capacity, the Office

central pricing office may decide whether to apply a fixed deductible, the amount of which

maximum is set at 10,000 euros per claim within the limit of 200,000 euros per year

insurance, or a proportional deductible, the maximum amount of which per claim is

set at 20% of the amount of compensation due within the limit of 100,000 euros per year

insurance.

For others subject to the insurance obligation provided for in Article L. 251-1, the Bureau

central pricing office may decide to apply a fixed deductible, the amount of which

maximum is set at 20% of the amount of the guarantee ceiling provided for in the contract or of a

proportional deductible, the maximum amount of which is set at 30% of the amount of

indemnities due, or both at the same time.

Article R250-5

Decisions of the Central Pricing Bureau are taken by a majority of members

present. In the event of a tie, the president’s vote is decisive.

The decision taken by the Central Pricing Bureau is notified to the insured and to the insurer.

within ten days.

Article R250-6

The central pricing office is assisted by a government commissioner, deputy

possibly by a Deputy Government Commissioner, appointed by the Minister of

economy and finance.

The Government Commissioner attends all meetings. He can ask the

office, either immediately or within thirty days following a decision, a new

examination of the case within the time limit that it will set.

Article R250-7

The provisions of this title are applicable to Mayotte insofar as they

concern the insurance of land motor vehicles.

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