Assurance-vie: 2, 10 and 30 year statutes of limitations

In insurance, claims related to a contract are subject to a two-year statute of limitations, running from the date of the event giving rise to the claim. For the beneficiary of a contract taken out by another person, the limitation period is ten years from the insured's death, and the claim is inadmissible more than thirty years after that death. This information is provided in the official fact sheet on service-public.gouv.fr regarding the statute of limitations, which refers to Articles L114-1 to L114-3 of the French Insurance Code.

This page explains the three time periods, what interrupts or suspends them, and the difference between these and the insurer's fund retention period. It does not reproduce the text of the legal articles and does not address case law.

The three durations at a glance

The document defines prescription as "the time beyond which the implementation of a right or a legal claim is no longer admissible".

The general rule: 2 years

Actions arising from an insurance contract are subject to a two-year statute of limitations, starting from the date of the event that gave rise to the claim. The information sheet provides an example: upon the contract's expiry, "the two-year period begins to run from the termination date of the assurance-vie contract." The specific date to be determined should be determined on a case-by-case basis, according to the contract and relevant legal texts.

If the insurer was unaware of the risk due to reticence, omission or misrepresentation by the insured, the starting point is set at the day the insurer became aware of it, according to the information sheet.

The beneficiary: 10 years, capped at 30 years

For the beneficiary of a contract taken out by another person, the information sheet states that "the limitation period is 10 years from the date of death of the insured".

Two points to clarify regarding the information sheet:

• The beneficiary who was unaware of the death. The time limit only begins to run from the day he became aware of it, provided that he can prove his ignorance.
• The ceiling. The action is inadmissible if it is brought more than 30 years after the death of the insured, even in cases of ignorance.

This interrupts the statute of limitations.

The document lists five causes of interruption of the deadline:

• the insurer's recognition of the insured's right or the acknowledgment of the debt; ;
• a legal claim; ;
• the sending of a command or a seizure; ;
• a registered letter, electronic or not, with acknowledgement of receipt, sent by the insurer to the insured (it concerns the action for payment of the premium); ;
• a registered letter, electronic or not, with acknowledgement of receipt, sent by the insured to the insurer (it concerns the settlement of the compensation).

Their exact scope can be read on the information sheet and in the articles of law.

What suspends the statute of limitations: mediation and conciliation

The time limit can be suspended during mediation or conciliation with the insurer. According to the information sheet, the suspension begins when the parties concerned decide to contact a mediator or conciliator; if no written appeal is submitted, it begins at the first meeting. At the end of the procedure, the time limit resumes for the remaining duration, which cannot be less than six months.

The contract must specify the deadlines

According to the information sheet, every assurance-vie contract must specify the limitation periods and allow the policyholder to identify their starting points and the causes of interruption. For policy information, the information sheet refers to articles R112-1 to R112-7 of the French Insurance Code.

Do not confuse prescription and preservation of funds

These are two separate deadlines.

Ten years after the insurer becomes aware of the death, unclaimed funds are transferred to the Caisse des Dépôts et Consignations (French Deposits and Consignments Fund). The information sheet on the statute of limitations clarifies that the right to claim is not lost: the claim can then be made to the Caisse des Dépôts et Consignations via the online Ciclade service. After 20 years of retention, the funds are transferred to the State or overseas territories and can no longer be recovered. Information on how to search for a forgotten policy is available on our page "Forgotten Life Insurance Policy: Agira and Ciclade".

Assurance-vie prescription: numerical example (fictitious profile)

Situation. Julien has a contract that expires on June 30, 2024 (hypothetical). He disputes a point with the insurer. On May 1, 2026, they decide to contact a mediator (hypothetical). The mediation ends on September 15, 2026 (hypothetical).

Issue. How much time does he have left to take legal action after mediation?

Strategy. Apply the 2-year rule from the end of the contract, then the resumption rule after mediation: remaining duration, minimum 6 months.

Result.

The remaining period of 60 days is less than the minimum of 6 months: it is the minimum of 6 months which applies from the resumption.

Variant for one beneficiary. Camille is the beneficiary of a policy taken out by her father, who died on March 5, 2026 (hypothetical). The insurer is notified of the death on April 20, 2026 (hypothetical). Camille learns of it on September 10, 2026, and can prove that she was unaware of it (hypothetical). The 10-year period runs from September 10, 2026, to September 10, 2036; the 30-year limit after death expires on March 5, 2056. If she had been aware of the death, the 10-year period would have run from March 5, 2026, to March 5, 2036. The insurer would retain the funds until April 20, 2036, 10 years after being notified of the death.

Assumptions: all dates are chosen for the sake of example; the event triggering Julien's action is the end of the contract; time periods are counted from date to date. These profiles are not real customers.

Assurance-vie prescription: what changes depending on your case

• The event that triggered the action. It sets the starting point for the 2 years.
• Your status as a beneficiary. It falls under the 10-year period from the date of death.
• Your knowledge of the death. She can shift the starting point, if you can prove your ignorance.
• Actions already taken. A legal claim, a registered letter, or the insurer's acknowledgment interrupts the time limit.
• Mediation is underway. It suspends the deadline, with a resumption of at least 6 months.
• The age of death. After 10 years of the insurer's knowledge, the funds are no longer with him.

These points are examined on a case-by-case basis, based on the contract and the relevant documents. No outcome is guaranteed.