Redemption indemnity annuity clause (with or without support for annuity indexation)
By definition, the repurchase indemnity annuity clause provides for the commutation of annuities on the date of their allocation in full and definitive manner.
It is essential to clearly indicate :
If the indexation of annuities is taken care of in the treaty and, if necessary, adapt the methods of calculating the Constituent Capital of the Annuity
The methods of calculating the Constituent Capital of the Annuity : characteristics of the annuity used, mortality table, capitalization rate and indexation rate of the annuity if applicable.
As an option, the APREF has considered a repurchase indemnity annuity clause with possible reopening for a limited period in the event of a change in the victim's state of health in relation to the accident and in the event of the death of the credit. annuitant :
The choice of the reopening period must respect the spirit of the buyback clause and therefore be of a reasonable duration.
The clause defines the practical methods of adjusting the claims charge in the event of reopening
In terms of aggravation, it is about ed to retain the relevant criteria currently defined by the jurisprudence of the Supreme Court.
Compensation annuity clause in Additional monitoring
In accordance with current market practices, APREF is proposing a drafting of indemnity annuities clause in additional monitoring where the indexation of annuities is supported but limited to once the CCR, to the first euro.
As regards aggravation , APREF proposes to retain the relevant criteria currently defined by the case law of the Supreme Court.
إرسال تعليق