Those who install a heat pump or insert are now deprived of the ten year guarantee

DAs part of the ecological transition, public authorities are encouraging individuals to replace their oil boilers or their old gas boilers with heat pumps or inserts. However, from March 21, 2024 (22-18.694), those who decide to do so are less protected by insurance than before. This is the result of the overturning of case law by the Court of Cassation in the following case.

In November 2012, a company installed an insert in M&M’s fireplacesMe X. On 13 February 2013, a fire destroyed the house. X is partially compensated (142,610 euros) by his multi-risk insurer Home, SwissLife. They are demanding a supplement (79,000 euros) from the installer, who took out ten years of insurance (which has no limits) with AXA.

AXA company refused to run it. They say that the insert placed in the fireplace is only a “Element of equipment on existing”, no more A ” Work “Under the conditions of, there is only one possibility of benefiting from Spinetta Law of January 4, 1978, She challenges the case law by which, on June 15, 2017, the Court of Cassation (16-19.640), Extended ten year guarantee benefit on existing equipment items.

The Court actually ruled, About a broken heat pumpHe “Disorders affecting equipment elements ,Detachable or not, original or existing, are subject to ten years’ liability when they render the work totally unfit for its intended purpose., He confirmed this position regarding the insert which caused the fire (16-18.120,

back tracking

X Take legal action. AXA lost in the first attempt and on appeal, but, before the Court, requests reversal or, more precisely, requests reversal upon reversal. The public prosecutor’s office then begins a consultation (rare procedure). On the effect of the Court’s case-law on “quasi-functions”, With relevant professionals, and National Consumer Institute (INC)who answers to that person “No reaction” Ten years guarantee for use.

The artisans respond that, since June 2017, despite facing criminal sanctions, they have not taken out insurance for more than ten years than before, because it would cost them too much. They consider it disproportionate to the obligation to pay for the entire reconstruction of a burnt house, whereas their intervention concerned only a part of it.

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