Can the insurer terminate a home insurance contract after a loss?

Verified 14 April 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, your insurer has the right to terminate your home insurance contract after a loss, even if you are not responsible for it. The rules vary depending on where you live: departments of Alsace-Moselle (Bas-Rhin, Haut-Rhin and Moselle) or another department.

General case

Your insurer has the right to terminate your home insurance contract after a loss, even if you are not responsible for it.

This possibility must be clearly indicated in the terms and conditions of your contract.

Termination may occur regardless of the amount of damage caused by the loss.

However, there is an exception. If, 1 month after being informed of the claim, the insurer accepts the payment of a contribution (or part of a contribution) covering a period after the event, without mentioning the termination of the contract, the insurer will no longer be able to terminate the contract for that claim.

Example :

You report water damage to your insurer on February 15. If, after that date, your insurer collects your annual contribution (or a portion thereof) for the period beginning March 15, without you notify of termination, then he will no longer be able to terminate your contract because of this loss.

If the insurer decides to terminate your contract after a claim, it must notify its decision by letter RAR: titleContent or by electronic registered mail.

Your insurer must give 1 month's notice, which means that the cancelation will be effective 1 month after the notification.

If you have already made contributions for a period after termination, the insurer must refund you the portion of the uncovered period.

If your home insurer terminates your home insurance contract after a loss, you can then terminate all other insurance contracts with your home insurer, without following the normal termination deadlines (i.e. without notice).

To do so, you must notify your decision within one month of the termination of your home insurance contract, by registered letter or by electronic registered mail. Termination will take effect 1 month after notification.

Example :

If your home insurance contract was terminated on June 10 by your insurer, you have until July 10 to terminate to notify your decision to also terminate your other insurance contracts with that same insurer.

The termination of your other contracts will take effect on 10 August, 1 month after your notification.

If you find that the termination of your home insurance contract is abusive or unjustified, you can contact the insurance ombudsman or take legal action.

Alsace-Moselle

In Alsace-Moselle, specific rules apply to the termination of a home insurance contract after a loss.

The insurer may terminate a contract without a specific clause to that effect in the contract.

The insured also has the possibility of terminating his contract after a loss.

Such termination may take place within 1 month of the conclusion of the negotiations concerning the compensation paid by the insurer. The latter must return to the insured the portion of the premium paid in advance corresponding to the period not covered by the risk, calculated from the effective date of the termination.

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