French court upholds insurance rejection after couple left window open during burglary
A couple in southern France have lost their final legal appeal after their insurer refused to pay compensation for stolen vehicles because they left their bedroom window open on the night of the burglary in August 2017.
Mr and Mrs N, who lived in a first-floor apartment, went to sleep with their window open during a warm summer evening. Two burglars scaled the building's exterior to reach their balcony approximately three metres above ground, entered through the open window, stole the couple's car keys, and drove away with both vehicles.
When the couple contacted their insurer Avanssur, now part of AXA France, they were told the claim would not be honoured. The policy stipulated that thefts involving vehicle keys were only covered if those keys had been stolen from a residential building entered clandestinely despite locked entrances and closed windows.
Legal battle through three courts
The case progressed through multiple levels of the French judicial system. A court in Toulon initially sided with the couple, ordering AXA France to pay €30,000 in compensation. The court found that the insurer had failed to make the exclusion clause sufficiently visible in the contract. Under French insurance law, exclusion clauses must be presented in a formal and limited manner according to Article L.113-1 of the French Insurance Code, and must appear in a very apparent way that attracts the reader's attention, as required by Article L.112-4.
However, AXA France appealed to the Court of Appeal in Aix-en-Provence, which overturned the original decision. The couple then took their case to the Court of Cassation, France's highest court for civil and criminal matters. The Court of Cassation only examines questions of law rather than questions of fact, focusing on whether lower courts have correctly applied legal principles.
In its ruling on April 2, 2026, the Court of Cassation dismissed the couple's appeal. The court stated that insurers are entitled to require policyholders to maintain basic security measures for risk prevention purposes, including keeping vehicles locked with immobiliser systems activated and storing keys in premises with locked access and closed windows.
The decision aligns with a broader pattern in recent French court rulings emphasizing policyholder responsibilities. In another 2026 case, the Court of Cassation ruled that a homeowner was not entitled to natural disaster compensation for drought-related cracks because he failed to take usual preventive measures, with the burden of proof falling on the insured to demonstrate compliance with preventive obligations.
Understanding French burglary insurance
Burglary coverage in France is optional in home insurance contracts but is included by default in approximately 90% of policies. However, most contracts cover only vol par effraction—theft involving a break-in—rather than simple theft from unlocked or unsecured premises. The window left open in this case became the critical issue determining whether the burglary qualified as a forced entry.
The couple's location in southern France may have placed them in a higher-risk area for burglaries. Departments such as Bouches-du-Rhône, Rhône, and Alpes-Maritimes have significantly higher burglary rates than other parts of the country. In 2024, more than half of all burglaries in France were concentrated in just three regions: Île-de-France accounted for 26.3%, Auvergne-Rhône-Alpes for 15.8%, and Provence-Alpes-Côte d'Azur for 10.5%.
Burglary statistics and prevention
According to the French interior ministry, 212,000 home burglaries were recorded in 2025, with numbers rising significantly in August when many residents are away on holiday. While overall burglary rates have decreased from over 250,000 in 2016 to around 220,000 in 2024, the problem remains substantial, affecting an average of 5.87 per 1,000 homes in 2024.
Victims of burglary in France must act quickly to preserve their insurance rights. According to Article L113-2 paragraph 4 of the Code des assurances, they must file a police report within 24 hours and notify their insurer within two working days, providing the police report number. The police report is essential for any insurance claim to proceed.
After reporting the incident, victims should contact their insurer immediately, cancel any stolen bank cards, and secure their property by repairing broken locks or windows. Some local authorities offer residents grants to install anti-burglary measures such as security cameras and alarm systems. Homeowners are advised to check with their local mairie to determine if such programmes are available in their area.
