Facts
On September 4, 1997, [A.] concluded a motor vehicle insurance contract with X. Assurances, including passenger accident insurance. On December 7, 1999, [A.] was hit by a vehicle while she was near her car, after having gotten out of it. X. Assurances refused to pay the benefits, considering that the accident did not occur as a result of the use of the vehicle within the meaning of the applicable general insurance conditions (GIC). [A.] therefore filed a payment action on August 22, 2001 before the Civil Court of the District of Gruyère.
The Court ordered X. Assurances to pay various indemnities to A. The judgment was upheld on appeal by the 1st Civil Court of Appeal of the Cantonal Court of the State of Fribourg. X. Assurances appealed this decision to the Federal Court.
Considerations
The Federal Court dismissed X. Assurances' appeal. It considered that the statute of limitations had not been acquired, as A.'s various claims had been interrupted several times by judicial acts of the parties and decisions of the judge.
On the merits, the Federal Court ruled that the conditions for the application of the passenger accident insurance were met. According to the interpretation of the GIC based on the principle of trust and Art. 33 ICA, the accident that occurred while [A.] had just gotten out of her vehicle and was about to open the…