Switch to a different plan within the same company
February 24, 2011 | 35,00 EUR | answered by Bernhard Müller
I have been insured with DKV for full coverage since 01.04.2010. They increased my rate by 15% as of 01.01.2011. I disclosed a pre-existing condition at the beginning of my insurance, for which I pay a risk surcharge.
I have heard that according to Section 204 of the Insurance Contract Act, I can switch to a cheaper tariff with the same or better benefits, but with an exclusion for the better benefits. I have requested this with DKV and my DKV advisor has proposed a much cheaper tariff. However, DKV itself has rejected the switch to this tariff, stating that I disclosed a pre-existing condition at the beginning and therefore Section 204 VVG would not apply to me.
My questions:
- Is this correct?
- What alternative options do I have as an insured person?
Dear inquirer,
According to § 204 I No. 1 a) VVG, it is indeed possible to switch to a basic tariff with lower premiums. However, the basic tariff usually also offers fewer benefits than the other tariffs. It is unlikely that there will be a cheaper tariff with the same benefits.
The fact that one cannot rely on the switch if they have a pre-existing condition does not arise from § 204 VVG. Therefore, I believe that the information provided by your health insurance is incorrect. However, the risk surcharge may still have to be paid in the new tariff.
The alternative options are regulated in § 205 VVG. Its paragraph 4 reads:
(4) If the insurer increases the premium or reduces the benefits based on an adjustment clause, the policyholder can terminate the policy with regard to the affected insured person within one month of receiving the notification of the change, with effect from the date when the premium increase or benefit reduction is to take effect.
However, the one-month deadline may have already passed for you. The increase was effective from 01.01.2011, so I assume that you received the insurer's letter last year and this option is no longer available to you.
According to § 205 paragraph 1 VVG, you have the option to terminate the contract with a notice period of 3 months before the end of each year. The deadline for termination by 31.03.2011 has unfortunately already passed. But you can terminate again by 31.03.2012 and take out a cheaper insurance policy with another insurer.
Best regards,
Bernhard Müller Attorney
