Expertise Categorie: Insurance and liability law

Abeille Avocats has developed specific expertise in physical injury compensation, particularly for major claims. Our lawyers specialising in personal, road traffic and occupational accidents assist victims in defending their rights, whether in out-of-court settlements or in litigation.

Assisting insurance companies with the management of claims

The firm’s lawyers assist insurance companies in managing claims, whether they involve the implementation of a contractual warranty or the civil liability of the policyholder.

Amicable and litigation proceedings

Our lawyers, highly skilled in defending victims of occupational accidents and physical injury, are involved in both amicable and litigation proceedings and, in collaboration with appointed technical assistants, defend our clients in the context of medical and technical expert appraisals (ergotherapy, architectural, accidentology, accounting, etc.).

Advice on the assessment of personal injury

We have the necessary tools and processes to provide our clients with the best possible advice on the assessment of personal injury, in line with constant developments in case law.

Our lawyers, experts in occupational accidents, are available throughout France, particularly in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris.

Abeille Avocats has been specialising in civil liability, professional liability and insurance law since it was founded.

Underwriting and performance of insurance contracts

We deal with all points of law relating to the conclusion and performance of insurance contracts in all areas of law practised by the firm, including property and casualty insurance and personal insurance (contractual or tort liability, professional liability, life insurance contracts).

Assistance with claims management and damage assessment

On a day-to-day basis, Abeille Avocats assists insurance companies, intermediaries and other market players in managing claims, mobilising cover or assessing damage. In the event of professional negligence, our lawyers, with their in-depth expertise in insurance law and cross-disciplinary approach, can guide you through the legal strategy best suited to your needs.

Assistance in alternative dispute resolution

With a wealth of experience in litigation, Abeille Avocats also assists its clients in alternative dispute resolution and in negotiating settlement agreements.

Defending policyholders before the courts

The firm is appointed on a daily basis by insurance companies to defend their policyholders whose civil liability (professional or private) is engaged before the courts.

Our lawyers specialising in civil liability, professional liability and insurance law in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris are available to help you with all your legal issues.

Companies are exposed to an ever-increasing number of industrial and technological risks, which can generate very large-scale damage claims with major environmental implications. Our lawyers have solid expertise in industrial risks and defective products and are very familiar with the mechanisms for enforcing cover and interpreting insurance policies.

Industrial risks: a threat to businesses

Nevertheless, the mechanisms of liability in the field of industrial risks are complex and require the assistance of lawyers with an in-depth knowledge of the regulations applicable in this area

Recognised expertise in industrial risk litigation

Abeille Avocats has developed recognised expertise in industrial risk litigation. Drawing on our experience in insurance law, we provide support to industrial groups, producers, traders and their insurers.

Assistance in managing industrial claims

Mastery of the mechanisms for mobilising cover and interpreting insurance policies is essential in this type of litigation, which involves insurers and brokers in particular. Abeille Avocats advises and assists its clients in the immediate aftermath of a damage claim, in order to determine what action should be taken, and then in setting up an amicable and/or judicial expert appraisal or even an action before the competent courts.

Mastery of the mechanisms for mobilising cover and interpreting insurance policies

This expertise is essential if we are to provide clients with effective support in managing industrial claims and defending their interests before the relevant courts.

Call on our lawyers specialising in industrial and technological risks in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris to assist you with all your legal needs.

Our lawyers put their legal skills at your service in order to provide answers to the questions raised and solutions to the issues encountered in the field of health law.

Expertise in medical liability

We represent healthcare professionals in the medical and paramedical sectors in mainland France and overseas.

Our experience in the field of medical liability allows us to work effectively alongside appointed medical advisers.

Principles of medical liability

The general principles underpinning medical liability were established by the provisions of the Kouchner Law of 4 March 2002, which introduced the principle of fault-based liability and the duty of care incumbent on healthcare professionals.

Proof of medical liability

Under the French Public Health Code, there are three types of healthcare professionals:

• Medical professions: doctors, dental surgeons and midwives ;
• Pharmacy and medical physics professions: pharmacists, pharmacy assistants, hospital pharmacy assistants and medical physicists;
• Medical auxiliaries: nurses, masseur-physiotherapists, chiropodists, occupational therapists and psychomotor therapists, speech therapists and orthoptists, medical electro radiology technicians and medical laboratory technicians, audio prosthetists, opticians, prosthetists and orthotists for the fitting of equipment for people with disabilities, dieticians, care assistants, nursery assistants, ambulance drivers and dental assistants.

In order to hold a healthcare professional liable, it is up to the person making the claim to provide proof of fault, injury and a causal link.

Liability of healthcare establishments

When practitioners are employed by an establishment, whether public or private, only the structure in which they work may be held liable before the courts or administrative tribunals.

Assistance before the various authorities

We assist and represent the various organisations before the courts and administrative tribunals in metropolitan and overseas France, as well as before the Conciliation and Compensation Commissions for Medical Accidents, Iatrogenic Affections and Nosocomial Infections (CCI- Commission de Conciliation et d’Indemnisation des Accidents Médicaux des Affections Iatrogènes et des Infections Nosocomiales)

Disciplinary proceedings

We also represent our clients before the councils of the various professions (French National Board of Physicians (Ordre des Médecins), French National Board of Pharmacists (Ordre des pharmaciens), French National Board of Midwives (Ordre des sages femmes), French National Board of Physiotherapists (Ordre des masseurs kinésithérapeutes), and French National Board of Nurses (Ordre des infirmières)) as part of disciplinary proceedings.

Support throughout proceedings

In all of these proceedings, we support our clients, particularly in drafting pleadings and assisting with medical expertise, keeping them informed of the progress made at each stage of the proceedings.

Statutory limitation of liability for healthcare professionals

The liability of healthcare professionals is subject to a limitation period of 10 years from the date of consolidation of the damage.

Our lawyers specialising in the defence of the medical and paramedical professions are available to assist you in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris.

Abeille Avocats’ health law, insurance law and liability law departments also handle disputes relating to life insurance contracts. Our lawyers with expertise in life insurance matters will assist you at every stage of the legal process.

Advising insurers and handling litigation

Abeille Avocats provides insurers with both advisory and litigation assistance in connection with actions brought by policyholders and beneficiaries of insurance policies to enforce their cover.

Recurring issues in the field of life insurance

Recurring issues in the field of life insurance include, in particular, the exclusions from cover that may be imposed by the insurer and the conditions under which cover may be invoked in the light of the policyholder’s state of health and the contractual provisions.

Litigation relating to the nullity of contracts

Part of the litigation also concerns the nullity of contracts on the grounds of intentional misrepresentation at the time the contract was taken out. Very often, in these technical disputes, recourse to an expert opinion is a prerequisite for the dispute to be settled.

Assisting insurance companies

Working alongside insurance technical assistants, Abeille Avocats assists insurance companies in the aftermath of expert appraisals, firstly out of court and then, if necessary, before the civil courts.

For these cases, our lawyers, experts in life insurance, provide assistance and advice in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris.

Our lawyers specialising in civil and professional liability will advise you on the best strategy to adopt.

Analysis of professional risks

Whether you are a professional subject to compulsory insurance (legal professionals, medical and paramedical professionals, accountants, real estate consultants, insurers, travel agents, etc.) or not, nowadays it is essential to analyse the risks to which you are exposed as a result of your activities.

Assistance with legal and insurance issues

For a number of years, Abeille has been involved in this specific area of liability, where legal transactions are becoming increasingly complex. Abeille Avocats assists both companies and professionals whose liability is incurred as a result of negligence or misconduct in the course of their business, and their insurers.

Advice and assistance on professional liability

Abeille offers advice and assistance in dealing with the issues faced by professionals involved in liability claims. Its expertise extends from taking out a policy to taking legal action in professional liability cases.

Our lawyers, experts in civil and professional liability, are available to help you deal with every legal issue in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris.

According to information gathered by the ALFA Association (French Agency for the Fight against Insurance Fraud), nearly 360 million insurance frauds were reported in 2020, a considerable cost for insurance companies.

Expertise in the fight against civil and criminal fraud

In the event of a claim, two types of fraud may come to light: deliberate claims or exaggeration of the consequences of an unintentional claim.

We provide our expertise in the field of fraud repression, both civil and criminal.

Specific penalties and action in the event of fraud

The dual nature of fraud requires precise knowledge and strict control of specific sanctions, whether civil or criminal (nullity of the insurance contract, refusal to cover the claim, implementation of the lapse of coverage stipulated in the contract, action for reimbursement of sums paid, etc.).

Expertise in insurance law for qualified assistance

With its recognised experience in insurance law, Abeille offers its clients in-depth expertise and the assistance of a qualified team trained in the procedural mechanisms specific to this type of litigation.

All our lawyers specialising in fraud law are available to advise you in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris.