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Prediction: Direct actions by third parties will multiply, even against foreign insurers

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Prediction

Following a decision by the French Supreme Court providing a major change in how direct actions against insurers will be treated under French law, insurers must anticipate more direct actions across several lines. The decision confirmed that an insurance contract may not prevent a direct action if the law of the 'main obligation' giving rise to the underlying claim (such as tort or contract) allows it. This is particularly relevant to actions involving foreign insurers, with liability, transport and marine insurers particularly at risk of direct actions.