Cour de cassation, civile, Chambre civile 2, 28 janvier 2021, 19-22.958, Publié au bulletin
Case Outcome: | Cassation |
Appeal Number: | 22100097 |
Counsel: | SCP Gatineau, Fattaccini et Rebeyrol, SCP Thouvenin, Coudray et Grévy |
Court: | Deuxième Chambre Civile (Cour de Cassation de France) |
Docket Number: | 19-22958 |
ECLI: | ECLI:FR:CCASS:2021:C200097 |
Presiding Judge: | M. Pireyre (président) |
CIV. 2
LM
COUR DE CASSATION
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Audience publique du 28 janvier 2021
Cassation
M. PIREYRE, président
Arrêt n° 97 FS-P+I
Pourvoi n° X 19-22.958
R É P U B L I Q U E F R A N Ç A I S E
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AU NOM DU PEUPLE FRANÇAIS
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ARRÊT DE LA COUR DE CASSATION, DEUXIÈME CHAMBRE CIVILE, DU 28 JANVIER 2021
Mme T... O..., domiciliée [...] , agissant tant en son nom personnel qu'en qualité d'ayant droit de son mari H... O..., a formé le pourvoi n° X 19-22.958 contre l'arrêt rendu le 5 juillet 2019 par la cour d'appel de Paris (pôle 6, chambre 13), dans le litige l'opposant à la caisse primaire d'assurance maladie de Paris, dont le siège est 173-175 rue de Bercy, 75012 Paris, défenderesse à la cassation.
La demanderesse invoque, à l'appui de son pourvoi, le moyen unique de cassation annexé au présent arrêt.
Le dossier a été communiqué au procureur général.
Sur le rapport de Mme Vigneras, conseiller référendaire, les observations de la SCP Thouvenin, Coudray et Grévy, avocat de Mme O..., agissant tant en son nom personnel qu'en qualité d'ayant droit de son mari H... O..., de la SCP Gatineau, Fattaccini et Rebeyrol, avocat de la caisse primaire d'assurance maladie de Paris, et l'avis de M. de Monteynard, avocat général, après débats en l'audience publique du 9 décembre 2020 où étaient présents M. Pireyre, président, Mme Vigneras, conseiller référendaire rapporteur, M. Prétot, conseiller doyen, Mmes Taillandier-Thomas, Coutou, Renault-Malignac, M. Rovinski, Mme Cassignard, conseillers, Mme Le Fischer, M. Gauthier, Mme Dudit, M. Pradel, conseillers référendaires, M. de Monteynard, avocat général, et Mme Tinchon, greffier de chambre,
la deuxième chambre civile de la Cour de cassation, composée, en application de l'article R. 431-5 du code de l'organisation judiciaire, des président et conseillers précités, après en avoir délibéré conformément à la loi, a rendu le présent arrêt.
Faits et procédure
1. Selon l'arrêt attaqué (Paris, 5 juillet 2019), Mme O... a déclaré le 13 avril 2010 la maladie, dont son époux, H... O... (la victime), ingénieur de production employé par la société Sun Chemical, est décédé le 16 février 2010.
2. La caisse primaire d'assurance maladie de Paris (la caisse) ayant refusé de prendre en charge la maladie au titre de la législation professionnelle, l'intéressée a saisi d'un recours une juridiction de...
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