Question 27632 — insurance

Summary

Mr. Daniel Labaronne draws the attention of the Minister of Solidarity and Health to the problematic situation of people with disability 2 with regard to borrower insurance. Borrower insurance helps guarantee a loan in the event of death, loss of job or disability. In these situations, it is the insurer who reimburses the credit institution. However, today, insurers often do not recognize the disability situation 2 as constituting an inability to work and for this reason refuse coverage by borrower insurance. Article L. 341-4 of the Social Security Code classifies category 2 invalids as “invalids absolutely incapable of exercising any profession”. Likewise, a person on disability 2 dismissed for incapacity cannot register for unemployment according to article L. 5411-5 of the labor code: “Persons disabled persons mentioned in 2° and 3° of Article L. 341-4 of the Social Security Code, beneficiaries as such of a social benefit linked to total incapacity for work, cannot be included on the list of job seekers for the duration of their incapacity. The social security code therefore clearly specifies that category 2 invalids are incapable of working. However, the Court of Cassation ruled that: “ the award of a disability pension of the second category, within the meaning of article L. 341-4 of the social security code, by a social security organization does not imply that its beneficiary is unfit for work within the meaning of article L. 351-1, now L. 5421-1 of the labor code” (Court of cassation, social chamber, February 22, 2005, no.: 03-11467 and 2nd Civil Chamber, April 8, 2010, no.: 08-70464). Insurers thus benefit from these shifts in the legal definition of disability 2 to refuse coverage to people who are nevertheless incapable of working and should obviously benefit from the coverage mechanism through their borrower insurance. He would therefore like to know what he plans to ensure that people with disabilities 2 benefit from the support provided by their insurance borrower.

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