Private health insurance with DKV
December 9, 2010 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I have been fully insured with DKV since 09/2009. On 11/18/2010, my contracts were terminated on the grounds that I did not properly fill out the questionnaire regarding my health condition.
I am now uninsured. I am a retiree with supplementary income.
DKV has not responded to my registered letter requesting them to offer me a basic tariff. They only inform me that my former supplementary insurance is reinstated and ongoing. This is not possible without a full insurance.
The DKV representative in Hamburg gave me incompetent advice and made the situation worse. Finally, he told me that he himself was suffering from cancer and could not help me when I accused him of this. In my opinion, the deadline to challenge DKV's decision is 12/16/2010. I cannot afford to hire a lawyer and I do not have legal protection insurance.
I request a prompt response, please.
Dear seeker of advice,
Thank you for your inquiry. I would like to answer it as follows:
In general, it is essential that you file an objection, as it is crucial for you.
When justifying the objection, you should seek advice from and be represented by a colleague experienced in insurance law in your area. If you do not have enough financial means to hire a lawyer, you can apply for legal aid for advice and representation outside of court and for possible legal proceedings later on at the competent local court (which is the court in the district where you reside).
In my opinion, there are two legal points of attack here.
Although it is true that the insurance company can cancel the insurance contract with you if you initially provided false information, your information must also have been provably false at that time.
For example, if your health situation changes three years after taking out the insurance, this generally does not affect the information you originally provided. Only at the time of the application, the information must match. Therefore, if possible, you should first challenge that the information was false and demand counter-evidence.
Additionally, the advisor also plays a role. If they misled you when you signed the contract by advising you to make certain statements or omitting others, they may be liable for damages.
However, as I mentioned before, this must be assessed by a colleague on-site. In any case, urgent action is required in this matter from my point of view.
I hope I have provided you with an initial legal orientation and wish you success and all the best!
I would like to point out the following to you:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation. Adding or omitting relevant information could result in a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me via my email address or the follow-up option.
I wish you a pleasant Thursday afternoon.
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Lawyer
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax: 0471/140244
