Filing a business insurance claim in France: deadlines, documents and the mistakes that get you refused

A business insurance claim must reach the insurer within the deadline set by the policy, which under French law cannot be shorter than five working days from the moment you became aware of the event, reduced to two working days in the case of theft. After that deadline, the insurer may invoke a forfeiture of cover if it proves the delay caused it harm. In practice, however, it is mostly missing documents, approximate statements and repairs started too early that get a claim refused or reduced.

What is the legal deadline for filing a business insurance claim in France?

Article L. 113-2 of the French Insurance Code requires the policyholder to notify the insurer of any loss likely to trigger cover "as soon as they become aware of it and at the latest within the period set by the policy". That contractual period cannot be shorter than five working days, reduced to two working days for theft. Business policies almost always adopt these minimums. Working days are Monday to Friday excluding public holidays: water damage discovered on a Friday evening must be declared by the following Friday at the latest. The clock starts when you become aware of the loss, not when it occurred.

One nuance protects the policyholder: forfeiture for late notification applies only if the policy provides for it and if the insurer establishes that the delay caused it harm. It is set aside in cases of force majeure. Full text on Légifrance.

Which documents should accompany a claim?

The claim may be filed by any means that leaves a record: client portal, email, registered letter. It states the date, place, circumstances, nature and provisional estimate of the damage, the identity of third parties and witnesses, and the policy number. Supporting documents follow.

For property damage: dated photos, invoices or the fixed-asset register, stock inventory, repair quotes and, for theft, the police report receipt. For business interruption: the last three balance sheets and the current year's monthly accounts. For a liability claim: the third party's written claim and the contract binding you to them. For a cyber incident: technical logs, the incident response report and proof of notification to the CNIL.

Which mistakes get a claim refused or reduced?

The first mistake is repairing, discarding or replacing before the loss adjuster's visit. You must take protective measures (tarping a roof, isolating a compromised server), but full restoration before the survey deprives the insurer of the ability to assess the damage, which is precisely what grounds a forfeiture.

The second mistake is the embellished claim. Article L. 113-8 of the Insurance Code renders the policy void in the event of intentional misrepresentation, and most policies provide for total forfeiture in the event of a fraudulent claim. Inflating an inventory loses the entire indemnity, not just the exaggerated portion.

The third mistake goes back to underwriting: an activity, turnover or floor area declared below reality. Article L. 113-9 then allows the insurer to apply the proportional rule, that is, to reduce the indemnity in the ratio between the premium paid and the premium that should have been paid. Contents insured for €200,000 but worth €400,000 are compensated at only half. Under-declaring is the worst possible saving, as we explain in our ten levers to cut your premium.

Finally, admitting liability in writing or settling with a client without the insurer's consent makes those commitments unenforceable against the insurer, which will refuse to cover what you have conceded.

A well-filed claim is a file a loss adjuster can process without having to imagine what happened: every document you provide is one less argument for reducing the indemnity.

How does the loss adjustment process work after a business claim?

Beyond a few thousand euros of damage, the insurer appoints a loss adjuster. The insurer's adjuster is a professional paid by the insurer to assess the damage, investigate its cause, check that it falls within cover and quantify the loss. Their report is an opinion, not a decision: you can challenge it.

Contradictory expertise means bringing in a second adjuster, appointed by the company, who attends meetings, discusses the findings and negotiates the figures. Their fees, generally between 3% and 10% of the indemnity obtained, are covered by the "adjuster's fees" extension when the policy includes it. If disagreement persists, the two adjusters appoint a third whose opinion prevails.

For a natural disaster, the regime has been more tightly framed since the law of 28 December 2021: adjuster appointed within one month of the claim, compensation proposal within one month of the report, payment within twenty-one days of your agreement. The statutory deductible for business property is 10% of the damage, minimum €1,140 (€3,050 for drought), and three working days, minimum €1,140, for business interruption, according to France Assureurs.

What is the broker's role in handling a claim?

The broker is your agent, not the insurer's. In most broker-placed policies, the claim is addressed to the broker, who forwards it: the deadline runs from your notification to the broker, provided it is documented. The broker checks which covers can be triggered, restates the circumstances in the policy's vocabulary and anticipates the insurer's objections. During the survey, the broker attends meetings, tracks deadlines and negotiates advance payments: a company that has suffered a fire needs cash in the following weeks, not six months later.

What if the insurer refuses to pay?

First ask for the written reason for the refusal, with the policy clause invoked: many refusals rest on a missing document and are resolved by completing the file. If the disagreement persists, send a written complaint to the insurer's dedicated department, which must respond within two months.

Absent a satisfactory response, you can refer the matter free of charge to La Médiation de l'Assurance, the French insurance ombudsman, which received 46,830 referrals in 2025 (up 28% year on year) and gave full or partial satisfaction to the claimant in 55% of cases. A referral suspends the two-year limitation period of Article L. 114-1. If a key account client is involved, also reread the insurance clauses in your key account contracts: they often impose shorter notification deadlines than the law.

Frequently asked questions

Is the five-day deadline counted in calendar days or working days?

In working days: five working days amount in practice to one calendar week. The clock starts when the company becomes aware of the loss, not on the date of the event.

Should a loss be declared even if the amount is below the deductible?

Yes for any event likely to trigger your liability towards a third party, because the claim may grow. For damage to your own property, check that the policy does not require you to declare "every loss".

Can repairs begin before the adjuster's visit?

Only the protective measures needed to prevent the damage from worsening, keeping photos and invoices. Any full restoration must wait for the written agreement of the insurer or adjuster.

Can the broker be held liable for a late notification?

Yes, if you notified the broker within the deadline in a documented way and the broker was slow to forward it. Notification to the broker should therefore always be in writing and dated.

At Lesto, claims handling is part of the mandate: we file for you, assemble the supporting documents, attend surveys and negotiate advance payments and the final indemnity. Before any loss, the best protection remains a policy whose covers, deductibles and declared values match your real activity. Would your policies hold up in a claim? Have your insurance analysed: we consult nine insurers on average and deliver a diagnosis within 72 hours.