In the absence of an insurer, from January 1, 2025, “natural disasters are prohibited throughout the territory of the municipality of Breil-sur-Roya” (Alpes-Maritimes), according to a decree published by Sébastien Olharan, the mayor of the municipality, hard hit by storm Alex in 2020. An ironic response to the decision of the municipality’s insurance to no longer cover it.
“Fires, floods, ground movements, earthquakes, landslides, storms, snow, hail, strong winds, avalanches, water damage, electrical damage, likely to damage municipal buildings are prohibited. For rainwater runoff, the cause of torrential floods, a diversion route is proposed outside the territory of the municipality,” specifies the second article of the municipal decree.
The third article indicates that “human activities likely to harm communal property such as riots, terrorism, vandalism, theft, involuntary damage are also prohibited”.
Nearly 70 buildings without insurance
If the town hall has issued such a decree, it is because the town’s insurer for 20 years, SMACL Assurances, announced in June that it was terminating the town’s contracts on December 31, 2024. “This decision is a direct and obvious from Storm Alex, part of the compensation had been paid a few weeks earlier,” wrote the mayor in a press release.
The town of Breil-sur-Roya then launched a call for tenders to find a new insurer. “No insurer wanted to make an offer. And none of those we have contacted since have agreed to insure us,” continues Sébastien Olharan.
“In desperation, faced with the risk of not being able to operate certain services such as daycare and schools from January 1, 2025, the municipality of Breil-sur-Roya filed an interim order with the administrative court to force its insurer to maintain its guarantees for an additional period of one year,” continues the councilor.
However, on December 27, the insurer finally backed down, reversing its decision. He agreed to extend certain contracts for one year, notably “civil liability” and “legal protection”. On the other hand, damage to property, that is to say damage to municipal buildings, is not insured.
A last hope for the mayor
Four days later, the administrative court rejected the request from the municipality of Breil-sur-Roya, “for incomprehensible reasons”, leaving 70 buildings without insurance “since December 31 at midnight”, he explains.
A situation which is not without consequences. “This means that, in the event of a disaster (…), the financial consequences would be entirely the responsibility of the municipality, which would permanently ruin our town hall, whose budgetary situation is already fragile,” explains the mayor in a press release. “I therefore decided, in order to illustrate the powerlessness of municipalities in the face of the French insurance system, and in order to alert people to the seriousness of our situation, to issue a municipal decree prohibiting natural disasters and any element likely to cause damage to municipal buildings,” continues the councilor.
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An “inconceivable and unfair” situation to which the mayor decided to respond with “the absurd”: “I therefore decided, in order to illustrate the powerlessness of the Communes in the face of the French insurance system, and in order to alert based on the seriousness of our situation, to issue a municipal decree prohibiting natural disasters and any element likely to cause damage to municipal buildings,” he explains.
“I hope that it will allow insurers to become aware of their heavy responsibility and that it will encourage political decision-makers to take this subject head on,” adds the mayor, who contacted the central pricing office ( BCT), an administrative authority which intervenes in the case of disputes with an insurer. “This would nevertheless be done under very unfavorable conditions, whether in terms of the amount of contributions, the deductibles applied or the understanding of guarantees which would be reduced to the strict minimum,” concludes Sébastien Olharan.
