Insurance laws Mayotte (France)
Mayotte is a French overseas department (Département d'Outre-Mer - DOM), and as such, French law generally applies to Mayotte, including its insurance laws and regulations. This means the core legal framework for insurance in Mayotte is the French Insurance Code (Code des Assurances).
Here's a breakdown of how French insurance law applies to Mayotte:
1. Direct Application of French Law:
French Insurance Code: The vast majority of the French Insurance Code applies directly to Mayotte. This covers:
General principles of insurance contracts: Formation, validity, rights and obligations of insurers and insured, termination, claims handling, limitation periods.
Specific types of insurance: Life insurance, non-life insurance (e.g., fire, motor, liability), marine insurance.
Regulatory framework: Licensing requirements for insurance companies and intermediaries, solvency rules, prudential supervision.
European Union Law: As a French overseas department, Mayotte is also subject to European Union law. This includes EU directives and regulations related to insurance, such as Solvency II, which are transposed into French law and thus apply to Mayotte.
Compulsory Insurances: Many compulsory insurance requirements under French law also apply in Mayotte, such as:
Motor Third-Party Liability Insurance: Essential for vehicles.
Construction Insurance: Certain types of construction work require mandatory insurance.
Professional Liability Insurance: For certain regulated professions.
Natural Catastrophe (Cat Nat) Scheme: Mayotte is covered by the French natural catastrophe compensation scheme, which is activated after government recognition of a natural disaster. This means that if an event (like a cyclone, as recently experienced with Cyclone Chido) is officially declared a natural catastrophe, insurers must compensate policyholders for damages under specific conditions, and the Caisse Centrale de Réassurance (CCR), a French public reinsurer, plays a role in backing these claims.
2. Regulatory Body:
Autorité de Contrôle Prudentiel et de Résolution (ACPR): This is the independent administrative authority that supervises the banking and insurance sectors in France. Its jurisdiction extends to Mayotte. The ACPR is responsible for:
Issuing licenses to insurance companies operating in France, including those with a presence in Mayotte.
Ensuring the financial soundness and solvency of insurers.
Protecting policyholders.
Enforcing compliance with the French Insurance Code and EU regulations.
3. Social Security and Health Insurance:
Mayotte's social security system has been progressively aligned with the common French system since its transformation into a department.
Health Insurance (Assurance Maladie): Legal residents and employees are covered by the basic health insurance scheme, which reimburses a portion of medical expenses.
Complementary Health Insurance (Mutuelle): While basic health costs are covered, many employers offer or contribute to supplementary health insurance plans (mutuelles) to cover costs not fully reimbursed by the basic scheme (e.g., dental, optical, specialist consultations). This is a common practice across France and its overseas territories.
Occupational Accident and Illness Insurance: This scheme, along with compulsory supplementary pensions, was introduced in Mayotte as part of the social security alignment.
Unemployment Insurance: Mayotte is also integrated into the French unemployment insurance scheme.
4. Local Adaptations/Specificities:
While French law is the foundation, there can sometimes be minor adaptations or specific local regulations, especially concerning the implementation details or the transition periods as Mayotte fully integrates into the French legal and administrative system. However, for core insurance business and regulation, the French framework is dominant.
In summary: If you are dealing with insurance matters in Mayotte, you should primarily refer to the French Insurance Code (Code des Assurances) and the regulations and directives issued by the ACPR. Insurers operating in Mayotte are generally French-licensed companies or branches of European companies operating under the freedom of services or establishment within the EU framework.
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