Judicial principles and studies
Unknown-assailant Accident: Liability Cap in Comprehensive Insurance Contract
The study examines a contractual clause in a comprehensive insurance policy that caps liability for unknown-assailant accidents at a conditioned monetary ceiling, and assesses its validity when the term is clear and prominent.
Compensation and insurance
Judicial principles and studies
Updated: 10 September 2026
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The study examines a contractual clause in a comprehensive insurance policy that caps liability for unknown-assailant accidents at a conditioned monetary ceiling, and assesses its validity when the term is clear and prominent.
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Subject
A comprehensive insurance contract binds the parties to its clear and prominent terms. The insured's attention generally focuses on two matters: the insured peril and the limits of coverage. The policy's remarks section includes a clause stating the insurer's liability for unknown-assailant accidents reaches the full compensation value but is capped at 500 dinars, conditioned on the existence of a police report.
Summary
When a coverage-limit clause addressing unknown-assailant accidents is drafted in clear, prominent language and placed visibly in the policy, the requirements for a valid exclusion and cap are met. Interpreting the wording under ordinary interpretive rules indicates the top limit is 500 dinars as a concrete (not symbolic) ceiling; thus the clause is not abusive. Since the contract governs the parties' relations, an agreed contractual cap on liability is legally permissible and confines compensation to that agreed maximum.
Practical significance
- A monetary cap clause is enforceable if its wording is clear and prominently presented in the policy. - The police-report condition is a contractual prerequisite for application of the cap up to 500 dinars. - Parties may legitimately agree in contract to limit the scope of contractual liability by setting a maximum. This is a general educational summary and not a judicial text or legal advice.
Frequently asked questions
Subject?
A comprehensive insurance contract binds the parties to its clear and prominent terms. The insured's attention generally focuses on two matters: the insured peril and the limits of coverage. The policy's remarks section includes a clause stating the insurer's liability for unknown-assailant accidents reaches the full compensation value but is capped at 500 dinars, conditioned on the existence of a police report.
Summary?
When a coverage-limit clause addressing unknown-assailant accidents is drafted in clear, prominent language and placed visibly in the policy, the requirements for a valid exclusion and cap are met. Interpreting the wording under ordinary interpretive rules indicates the top limit is 500 dinars as a concrete (not symbolic) ceiling; thus the clause is not abusive. Since the contract governs the parties' relations, an agreed contractual cap on liability is legally permissible and confines compensation to that agreed maximum.
Practical significance?
- A monetary cap clause is enforceable if its wording is clear and prominently presented in the policy. - The police-report condition is a contractual prerequisite for application of the cap up to 500 dinars. - Parties may legitimately agree in contract to limit the scope of contractual liability by setting a maximum. This is a general educational summary and not a judicial text or legal advice.
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