Morocco Home Insurance Claim 2026: Compensation and Remedies

Compensation for a home insurance claim in Morocco is based primarily on Law No. 17-99 establishing the Insurance Code, promulgated by Dahir No. 1-02-238 of 3 October 2002. In practical terms, this Code governs claim reporting, exclusions, misrepresentation, the principle of indemnity and limitation periods. The policy then sets out the risks covered, limits, deductibles and valuation method. The consolidated text should be checked in the Official Gazette, available at https://bo.sgg.gov.ma, or on the Adala portal.

Comprehensive home insurance generally combines cover for fire, explosion, water damage, theft, broken glass and civil liability. Its name does not, however, mean that every type of damage is covered. Progressive water ingress, a long-standing waterproofing defect, theft occurring without the stipulated circumstances or business goods kept at home may remain outside the scope of cover. The general terms, special terms and endorsements must be read together, as the latter adapt the cover to the declared dwelling.

Article 39 of the Insurance Code covers, subject to valid exclusions, losses caused by a fortuitous event or by the policyholder’s unintentional fault. Intentional or fraudulent misconduct cannot be covered. Article 40 establishes the indemnity nature of property insurance: the policyholder cannot receive more than the actual loss, even if the declared insured amount exceeds the value of the property. Conversely, insufficient cover may trigger the mechanism under Article 41.

Home insurance is not legally compulsory for every Moroccan property owner or tenant. It may nevertheless be required by the lease, the co-ownership rules or a bank that financed the dwelling. Law No. 110-14 also established a specific scheme covering the consequences of certain catastrophic events under contracts falling within its scope. Its detailed rules are set out in implementing instruments published in the Official Gazette; unless they can be verified with certainty, an approximate number or date should not be attributed to those instruments.

Start with the complete policy, special terms, endorsements and premium receipt. Add the claim notification and proof of receipt. To establish the existence and value of the property, gather invoices, bank statements, warranty certificates, old photographs and inventories. The absence of an invoice does not necessarily preclude all compensation, but it makes proof more difficult. Retain the original photograph and video files, including their dates, rather than submitting only compressed screenshots.

For damage to the building, request two or three quotations that separate labour, materials, taxes and preparatory work. In a riad or old house, ensure that specific techniques such as zellige, tadelakt or timber structures are described. The property’s tax value does not necessarily correspond to the reconstruction cost. This difference is significant in medinas and areas where access, transportation of materials or wall reinforcement substantially increases the actual cost.

The policyholder must take reasonable measures to prevent the damage from worsening: shut off the water, cover a roof with tarpaulin or temporarily secure a forced door. Keep the invoices for these measures. Avoid permanent repairs before the adjuster’s inspection, except in a safety emergency or with the insurer’s written approval. If the work cannot wait, photograph the initial condition, request a technical report and retain the replaced materials insofar as possible. The aim is to protect the dwelling without destroying evidence.

Arrange the file in chronological order and confirm important calls in writing. Request the assessment report, a breakdown of the calculation and the contractual basis for each reduction. Do not hand over original documents without obtaining a receipt. An organised file facilitates review by the policyholder-appointed loss adjuster, ACAPS, a lawyer or the court. The rules of evidence and consolidated legislation can be consulted at https://adala.justice.gov.ma, while court proceedings can be tracked in particular at https://www.mahakim.ma.

The calculation starts with the loss established as at the date of the event, within the insured amounts and sub-limits. For contents, the adjuster generally determines the cost of an equivalent item and then deducts depreciation. For the building, the adjuster calculates the cost of reinstatement without unjustified improvement. Article 40 of the Insurance Code prohibits receiving more than the actual loss. The insurer must nevertheless include technically essential work, even if it does not correspond exactly to the visible part of the damage.

“New replacement value” cover does not always result in immediate payment in full. Many contracts first pay compensation after deducting depreciation, followed by an additional amount after reconstruction or replacement within a specified period. Some limit the reimbursement of depreciation to a percentage. Check the exact definition, the required supporting documents and the completion deadline. Works of art, jewellery, old appliances and valuables are often subject to specific limits or a prior declaration requirement.

Deductibles are not based on a statutory tariff. For guidance, contracts reviewed in practice in 2026 often include amounts ranging from a few hundred to several thousand dirhams, depending on the cover, insured amount and risk profile. Only the deductible stated in the policy is enforceable. Require the insurer to specify whether it is applying a fixed amount, a percentage or both. Also check whether the deductible applies per claim, per cause, per dwelling or per category of damage.

Article 41 addresses underinsurance: if the insured value is lower than the actual value, the policyholder bears a proportionate share of the loss, unless otherwise agreed. For buildings, the prevailing case law considers that this proportional rule applies to a partial loss; in the event of a total loss, compensation remains limited to the insured amount without any further proportional reduction. Request a table showing the actual value used, the insured amount, depreciation, the deductible and each limit. This breakdown makes it possible to identify a double deduction.

First submit a complaint to the company’s complaints department, not merely to the agent or broker. State the claim number, chronology, disputed decision, relevant clauses and amount claimed. Attach the essential documents and request a reasoned response within a reasonable period, such as fifteen days. This period is a practical request, not a general judicial time limit. Send the letter by registered mail with acknowledgement of receipt and retain a complete copy of everything sent.

If the response does not resolve the dispute, the insured may refer the matter to ACAPS, the authority established by Law No. 64-12. The file should include the policy, claim notification, denial or calculation statement, expert reports, quotations and correspondence. The complaint normally entails no administrative fees. ACAPS may request explanations from the company and review how the claim was handled, but it does not issue an enforceable judgment ordering the insurer to pay damages.

Beware of the most dangerous issue: a referral to ACAPS does not, by itself, constitute an act interrupting the limitation period within the meaning of Article 38 of the Insurance Code. Article 36 generally provides for a two-year limitation period, with starting points adapted to certain situations. Article 38 refers in particular to the ordinary grounds for interruption, the appointment of experts after a loss and certain registered letters exchanged between the insurer and the insured. Take steps to secure the limitation period without waiting for the outcome of the administrative remedy.

An amicable settlement may provide for a new expert assessment, an advance payment or additional compensation. Carefully read any release mentioning a settlement, waiver or final discharge. If the damage is not yet fully known, request that the payment be characterised as an advance and that your rights be reserved. A valid settlement normally ends the dispute concerning the matters it resolves. Therefore, do not sign a general document when the cause of the loss or several items remain disputed.

Law No. 110-14 established a regime covering the consequences of certain catastrophic events. It combines coverage attached to eligible contracts with a solidarity mechanism for certain victims who lack sufficient coverage. The detailed rules appear in an implementing decree and other instruments published in the Official Gazette. The exact reference should be verified at https://bo.sgg.gov.ma before any citation: it is better to refer to the applicable official text than to reproduce an unconfirmed number or date.

The Al Haouz earthquake of 8 September 2023 was the subject of an official recognition order published in the Official Gazette. The order and its geographical scope should be searched for in the official database before its number is mentioned in a claim. Notify the damage without delay, even if you do not yet have this publication. Retain the contract, proof of occupancy, photographs and reports. If access to the home was impossible, have the local authorities certify that impossibility.

Public reconstruction aid is not the same as contractual compensation. In 2026, any outstanding application relating to the earthquake should be checked with the municipality, caïdat, province or departments responsible for the relevant programme. Institutional information relating to housing is published at https://www.habitat.gov.ma. For its part, the insurer examines the coverage, limits, evidence of damage and compliance with the formalities laid down by the Code and the policy.

The most costly errors are notifying the claim only by telephone, carrying out permanent repairs before an inspection, signing a release without reservations and waiting while the limitation period continues to run. A lawyer is particularly useful in cases involving a total denial, an allegation of misrepresentation, substantial underinsurance or a disputed expert assessment. The lawyer checks the limitation period, jurisdiction and claims, then prepares the court-ordered expert assessment. Where necessary, the legal analysis should be supplemented by that of an engineer or building expert.