Legal skills

Insurance and technological or technical risks

Since its establishment, Derriennic Associates has developed a recognised expertise in the field of insurance law, especially regarding new technologies and construction.

The point is that it is not uncommon for an IT company, whether it be a service provider or a customer, to turn to its insurer during the course of a project (perhaps to cover late penalties in the event of failure to meet a project schedule) or at the end of the project (to terminate a contract because a project fails, or to invoke a service provider’s civil professional liability).

However, because they do not cover all eventualities, insurance companies can sometimes attempt to avoid paying out, perhaps (i) by accusing the person insured of making an intentionally false declaration which has had the effect of reducing its assessment of the risk covered, or (ii) by stating that the damage at issue was not covered under the insurance policy. Insurers may equally invoke various non-guarantee clauses stipulated in the policy, or apply guarantee caps and sub-caps.

That is why it is essential that you seek advice from experienced professionals and make sure you draw up your contract carefully from the outset. Once an incident has occurred, it is also essential to report claims on time and in due form, in order to interrupt the two-year time limitation which forms part of the relationship between the insurer and the insured.

It is equally important to be able to argue and discuss whether or not insurance exclusions apply.

On the strength of its experience, therefore, Derriennic Associates supports its Clients, whether service providers, clients or insurers, and whether they are intervening on behalf of their insured parties or for a refusal to cover a warranty, in advance, at the counsel stage and as part of litigation.

More precisely, Derriennic Associates’ fields of action are the following :

  • Insurance policy analysis and audit;
  • Insurance policy drafting;
  • Putting together and negotiating settlements at a pre-litigation stage;
  • Recourse claims on behalf of insurance companies;
  • Pre-litigation and judiciary reports;
  • Litigation and legal action in French and arbitral courts on behalf of insured parties and/or insurers.

Last but not least, Derriennic Associates holds recognised expertise regarding damage liability from industrial accidents, fires and serious personal injury in both civil and criminal courts, and on behalf of the insurer, the victims, or the persons liable for damage.

Derriennic Associates seeks to deliver pragmatic solutions tailored to your requirements.

Team : Georges JENSELME, François-Pierre LANI, Alexandre FIEVEE, Emmanuel BENOIT,