Abstract
In view of the growing insurance needs and the increasing claims related to technology, the environment and also because of the insured’s behaviour, the insurer has no choice but to make his co-contracting party responsible. Especially since that the insured, the weak party, is subject of special protection and attention, he will not always be in good faith. In this context, one thing is clear: the damage insurer is more and more frequently likely to turn against its insured party. However, the exercise of these remedies runs up against legal loopholes and the analysis of Praetorian law shows some confusion between the various possibilities offered by law to the insurer. From then on, an effort of clarification appeared necessary in order to better pinpoint all these means of action around their content and their effects. By a new apprehension of the insurance contract and the various regulations in force or to come, it is possible to delimit the actions of the insurer and, from the schemes elaborated in the various types of insurance of damages, to release common principles relating to the treatment of these claim actions. Thus, several actions appear, some sanctioning the breach of contractual obligations and the disloyalty of the insured party, while others are generated by a due and discharging payment in the presence of unperfected interest exceptions or by an undue payment. These actions can then be classified into two categories: contract-based actions and those based on compensation.