The case adjudicated could not be simpler: the insured, the seller of his vehicle, got out of his vehicle, leaving his potential buyer behind the wheel of it with the key on the starter and the engine running.
The potential buyer then left with the vehicle ... without returning.
To deny its guarantee and refuse to reimburse the value of the vehicle to its insured, the insurance company highlighted the fact that the "theft" cover as referred to in the insurance contract included the disappearance of the insured vehicle only. following a fraudulent removal from the vehicle, or following a threat or violence, or by payment with a stolen check, or even following a break-in of the private garage.
However, in the present case the judge noted that the thief did not use violence at the time of the theft or previously and took the vehicle while it was running the engine with the ignition keys inside.
Thus, for justice regardless of the existence of a staging, the clause excluding the guarantee of the insurer, in the case of theft of the insured vehicle committed while the keys are inside or on the vehicle was applicable.
On reading this judgment, it is therefore necessary to be extremely vigilant when lending the vehicle offered for sale by staying in the vehicle during the test but also by checking the clauses of the insurance contract.
If the vehicle is equipped with a hands-free access device, the owner must keep the electronic key in his pocket.
Indeed, if the contract had covered the offenses of "breach of trust" or "fraud", the theft of the vehicle handed over to the thief could have been compensated.