Ask a lawyer on the topic of Insurance law

Termination of private health insurance invalid due to minimum term of 3 years.

December 29, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Dear Sir or Madam,

Since 01.01.2008, I have been privately insured with Allianz. The contract was concluded and documented in 2007. According to Allianz, the old Insurance Contract Act applies. In the general terms and conditions (AVB), there is a minimum contract term of 3 years.

I have now terminated the Allianz contract and taken out a new private health insurance policy with another company starting on 01.01.2010. However, Allianz has rejected the termination, stating that the old Insurance Contract Act with the 3-year minimum term still applies.

In October 2008, I received a letter from Allianz which led me to believe that the new Insurance Contract Act also applies to my contract, and the AVB now only stipulates a minimum contract term of 2 years.

The exact text of the letter reads: "In recent months, legislative changes have been enacted that require a revision of the general insurance conditions (AVB) in your tariffs. The need for changes in your contract arises from the Insurance Contract Act..."

I have submitted my notice of termination in a timely manner, 3 months in advance. Allianz has informed me that the legal basis of my contract is the old Insurance Contract Act and that the termination is invalid. They have not responded to my objection for several weeks. At the moment, I have two health insurance policies starting from 01.01.2010. What is the legal situation? Have I overlooked something, or can I object to the premium collection by Allianz in January and wait for them to terminate the contract? Otherwise, I would have to cancel the new health insurance policy now. My insurance broker believes I am in the right but also does not have a solution.

Thank you for your assistance.

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

I would like to address your questions considering the facts you have provided as follows:

Since 1.1.2009, the new VVG applies to all contracts, including old contracts and new contracts (contracts from 1.1.2008 onwards) according to the most recent update. Therefore, the information provided by your insurer that the old VVG still applies to you is incorrect.

Below, I have included a very interesting link on this topic:

http://www.aspect-online.de/artikel/neues-versicherungsvertragsgesetz-staerkt-verbraucherrechte/

I recommend confronting your insurer again with the current legal situation. If they still refuse to comply, you should consider hiring a local colleague experienced in insurance law to represent your legal interests.

I would like to point out the following as a final note:

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 can lead to a completely different legal assessment.

I hope my explanations have been helpful. Feel free to contact me via my email address.

Wishing you a pleasant Tuesday afternoon!

Best regards,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774