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France home insurance: couple denied theft claim after leaving window open
Court rules insurer entitled to reject claim after 2017 burglary
A couple in France were unable to claim compensation on their insurance after they were robbed because they left their window open.
The couple, identified only as Mr and Mrs N, lived in a first-floor apartment in the south of France.
On a warm night in August 2017, they went to bed with their window open. However, as they slept, two burglars scaled the outside of their building to reach their balcony, around three metres above the ground.
They entered the home, stole the couple’s car keys, and took both their cars.
When they realised their cars had been stolen, Mr and Mrs N contacted their insurance company, Avanssur, which is now part of AXA France.
To their surprise, it refused to pay out.
Why the insurer rejected the claim
This was on the grounds that the policy’s terms “did not cover thefts committed using the vehicle's unlocking and starting devices, unless these devices had been stolen from a residential building that had been entered clandestinely despite its locked entrances and closed windows”.
The couple decided to take legal action, with a court in Toulon initially ruling in their favour.
It stated that AXA France should have highlighted this clause so it was clearly visible, and ordered the insurer to pay the couple €30,000.
But the company then appealed to the Court of Appeal in Aix-en-Provence, which overturned the original ruling.
The couple subsequently turned to the Court of Cassation, France’s highest court.
However, in a ruling on April 2, 2026, the Court of Cassation dismissed their appeal, stating: “The insurer requires its policyholders, for the purpose of risk prevention, to keep insured vehicles locked and the immobiliser systems activated, and to keep their keys in premises with locked access and closed windows.”
What to do after a burglary
Some 212,000 home burglaries were recorded in France in 2025, according to the interior ministry, which said burglaries “significantly rise in August” when many people are on holiday.
Victims of a break-in are advised, in the first instance, to call the police and file a police report.
This will be required for any insurance claim.
Contact insurers as soon as possible after the event, and cancel any stolen bank cards.
Finally, secure the home by fixing any broken locks or windows.
Some areas of France offer local residents grants to install anti-burglary measures such as cameras and alarms. Check with the local mairie to see if similar initiatives are available where you live.
