Truck Fleet Insurance: When Can the Insurer Cancel After a Claim?

After a claim, the insurer of a road haulage fleet cannot cancel the policy on just any grounds: French law tightly restricts this right, separately from the annual renewal cancellation, which requires no justification at all. This article describes the rules under French law (Code des assurances) as applied to fleet policies taken out in France.

Published 24 August 2026.

Key points

• Cancellation at annual renewal (article L.113-12 du Code des assurances) requires no grounds at all, but does require two months' notice from either party.
• Mid-term cancellation after a claim is only possible, for optional coverages, if the policy contains an explicit clause allowing it (article R.113-10 du Code des assurances).
• For a fleet's compulsory motor liability cover, post-claim cancellation is limited by law to specific cases: driving under the influence of alcohol or drugs, or a road traffic offence that led to a licence suspension of at least one month or a licence cancellation (article A.211-1-2 du Code des assurances).
• A poor claims record alone is therefore not sufficient grounds for immediate cancellation — but it does weigh on renewal at expiry.
• Article L.113-12 was amended by loi n° 2026-403 du 26 mai 2026; the current version has been in force since 28 May 2026.

Can an insurer cancel a truck fleet policy after a claim?

Yes, but only under conditions precisely set out by the Code des assurances (France's Insurance Code) — not simply because the claims-to-premium ratio worsens. Two separate mechanisms need to be distinguished: cancellation at the contract's annual renewal, which requires no justification, and mid-term cancellation following a specific claim, which is tightly restricted.

In practice, the confusion arises because both mechanisms produce the same outcome for the policyholder — loss of cover — but follow entirely different rules. An insurer looking to exit a deteriorating risk will usually choose non-renewal at expiry rather than mid-term cancellation after a claim, precisely because the latter is harder to justify legally.

What grounds allow a mid-term cancellation after a claim?

The Code des assurances sets out two distinct regimes depending on the type of coverage involved.

For a fleet policy's optional coverages (own-damage, glass breakage, for example), article R.113-10 du Code des assurances allows the insurer to cancel after a claim only if that right stems from an explicit clause in the policy's general or specific conditions. Without that written clause, the insurer cannot invoke an isolated claim to cancel before expiry.

For compulsory motor third-party liability — the legal minimum cover every fleet must carry — article A.211-1-2 du Code des assurances restricts this right further still. The insurer may only cancel after a claim if it was caused by a driver under the influence of alcohol or drugs, or if the claim resulted from a road traffic offence that led to a judicial or administrative decision suspending the driving licence for at least one month, or cancelling it. Outside these specific cases, the mere occurrence of a claim — however costly or repeated — does not give the insurer the right to cancel compulsory liability cover mid-term.

Regime	Legal basis	Who can act	Grounds required	Timing
Cancellation at annual renewal	article L.113-12 du Code des assurances	Insurer or policyholder	No grounds required	Two months' notice before expiry (six months if the policyholder is a local authority)
Post-claim cancellation — optional coverages	article R.113-10 du Code des assurances	Insurer, if the policy contains such a clause	Explicit clause in the general or specific conditions	Takes effect one month after notification
Post-claim cancellation — compulsory liability	article A.211-1-2 du Code des assurances	Insurer	Claim linked to alcohol, drugs, or a licence suspension of at least one month or cancellation	Takes effect one month after notification

What actually happens when the insurer cancels after a claim?

Cancellation does not take effect immediately: it takes effect one month after the date the policyholder is notified, and cover remains in force throughout that period. The insurer must also refund the portion of premium already paid that corresponds to the period after cancellation.

In return, the policyholder has a right set out in both texts: within one month of being notified of the cancellation, they can themselves cancel any other policies held with the same insurer, taking effect one month after their own notification. For a transport company that has grouped several coverages — fleet, carried-goods liability, premises — with a single insurer, this right is worth knowing before negotiating a replacement.

How does cancellation at annual renewal work, outside of a claim?

Article L.113-12 du Code des assurances sets the general rule: both insurer and policyholder can cancel the contract every year, without having to justify any grounds, provided two months' notice is given before the renewal date (extended to six months where the policyholder is a local authority or grouping of local authorities). The notice period runs from the postmark date or the date the notification was sent.

This article was amended by loi n° 2026-403 du 26 mai 2026; the version currently in force dates from 28 May 2026. This is the mechanism — not post-claim cancellation — that insurers most often use to exit a fleet risk with a deteriorating claims record: they let the contract run to term and give notice of non-renewal, within the same notice periods as those set for insurer-initiated cancellation — alongside other declarative changes affecting a fleet, such as those tied to the 2026 smart tachograph rollout.

Is a fleet that has been cancelled or not renewed after a claim harder to re-insure?

Yes: a file with a deteriorating claims-to-premium ratio falls into the aggravated-risk category, where part of the market becomes more selective or applies additional premiums. That does not mean the risk becomes uninsurable — it means the way the file is presented (detailed claims history, prevention measures in place, fleet renewal plans) becomes decisive in finding capacity willing to cover the risk on reasonable terms. Structuring that presentation ahead of renewal, rather than under time pressure after a non-renewal notice, is part of what a broker specialised in heavy goods vehicle fleet insurance does.

Frequently asked questions

Can an insurer cancel my fleet policy just because I've had several claims?

Not mid-term, unless there is a specific clause for optional coverages (article R.113-10) or one of the narrow grounds applies to compulsory liability cover — alcohol, drugs, licence suspension (article A.211-1-2). A poor claims record can, however, lead the insurer not to renew the contract at its annual expiry, without any justification being required.

What notice period applies to cancellation at annual renewal?

Two months before the contract's renewal date, in both directions — whether the insurer or the policyholder initiates the cancellation (article L.113-12 du Code des assurances). This is extended to six months where the policyholder is a local authority or grouping of local authorities.

Does my cover stay active during the notice period for a post-claim cancellation?

Yes. Post-claim cancellation only takes effect one month after notification, and the policy's coverages remain in force throughout that period. The insurer must also refund the portion of premium already collected that corresponds to the period after the cancellation date.

If the insurer cancels after a claim linked to alcohol or drugs, can I cancel my other policies with them?

Yes. Articles R.113-10 and A.211-1-2 du Code des assurances give the policyholder the right to cancel, within one month of notification, any other policies held with the same insurer, taking effect one month after that new notification.

Does non-renewal at expiry need to be justified?

No. Article L.113-12 du Code des assurances requires no justification for a cancellation at renewal, whether it comes from the insurer or the policyholder. Only compliance with the two-month notice period is a condition of validity.

What McLer does

McLer is an insurance brokerage specialised in commercial risk for the road transport and construction (BTP) sectors. Based in the Paris region, McLer supports French SMEs and mid-sized companies (ETI) in structuring, negotiating and managing their insurance programmes. On fleet files marked by a deteriorating claims record, McLer prepares the risk presentation ahead of renewal to identify, depending on each company's situation, the market capacity willing to cover it.

Has your fleet been cancelled after a claim, or is its renewal approaching against a deteriorating claims record? Talk to McLer to weigh the options available for your situation.