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It would be insufficient to discuss the art
market without examining the areas that, although essential,
are peripheral to said market. In practice, these areas require
as much of the amateur’s attention as buying and selling,
in order to enable the amateur to protect his finances.
insurance
Insurance
Although it is not very poetic, this is how
things work in practice: a work of art is in principal
considered as a ‘piece of furniture’ in the legal
sense of the term, as opposed to the buildings that contain
them. As such, its protection
coverage will be governed by
the ‘content’ component of the ‘comprehensive
dwelling’ insurance. Certain pieces of furniture, in the
general sense of the term, may, however, be considered by
certain laws as buildings ‘due to intended use’ or
‘by incorporation’ as soon as they are integrated
in the building: if you dwelling includes panelling from the
Louis XV period, with painted pillars, stained glass windows or
monumental decorations, you should be attentive to this
distinction, if applicable.
The risks covered by ‘comprehensive
dwelling’ insurance are primarily damages resulting from
fire, storm, hail and flood damage. Theft coverage is very
often available as an option. In terms of theft, standard contracts often
provide for a ceiling per object, while stipulating that the
calculation of compensation will be based on its market value.
Specifically, if something bad happens to one of your works of
art, you will never receive more than this ceiling, even though
your object may be worth twice this ceiling. In addition, as is
the case for other risks, the object will be valued based on
its market value (what price could I obtain on the current
market?), rather than on its reconstitution value (what price
would I have to pay to procure the same object?). The nuance is
significant and the loss is sometimes considerable. In general,
it is important to know that the market value represents
roughly 50% of the replacement value, because taxes and the
profit margin will be deducted. In order to avoid an unpleasant
surprise, it is therefore better to take out a different type
of insurance.
Owners of works of art whose value exceeds
the limit stipulated by the ‘comprehensive
dwelling’ insurance contract must take out a guarantee
extension on the basis of an ‘agreed’ value, which means that you are aware as per completion of
the contract of the amount which will serve as a basis for the
compensation. Furthermore, in this case, the insured and
insurers decide to insure the object based on the
reconstitution value, rather than on the market value. In order
to determine this replacement value, the assistance of an
expert, whose fees are paid by the insured, will often be
necessary. One should always be attentive to the fact that if
your contract does not mention the validity period of the
agreed value, the latter may be revised, upwards or downward,
based on the market at the time of the claim.
This type of insurance may be taken out on
one or more objects, as well as on an entire portfolio. Unlike
standard insurance, which only covers risks expressly
mentioned, ‘all risks’
insurance, as its name indicates,
has the advantage of covering all risks (theft, loss, and
damage), except those risks that are expressly excluded. As
this premium is set on a case-by-case basis, it is difficult to
give accurate rates here. In any case, this will require the
assistance of an expert, whose fees will also be borne by the
policyholder. It goes without saying that the expert will
propose a reconstitution value valuation.
Insurers are not keen on ‘all
risks’ insurance. Many of them only offer it in the case
of existing trustworthy business relations (other contracts
taken out). To protect themselves, insurers often impose strict
protection measures (requiring the insured to place his stamp
collection in a vault if he is not on the premises, etc.). In
order to discourage fraud, insurers also sometimes require an
obligatory reconstitution of the object in question (jewellery
purchase, for example), and the compensation is paid directly
to the seller of the replacement object. Finally, insurers only
agree to cover ‘reasonable’ values. In the case of
very valuable objects, it is necessary to contact a specialised
firm.
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