Refund of insurance policies

For a time this part insurance companies are becoming more strict with regard to the claim of insurance policies for cancellation outside time limits.

You should be aware that if you Mr. client does not communicate the advance referred to article 22 of law 50/1980 his opposition to the extension of the contract the company has the right to claim its extending down the road as it deems appropriate.

In other words, if an insured person falls on this humble blog, if not inform your insurance company with 2 months in advance which does not intend to renew your insurance, the company can claim even legal to do so.

This articles is nothing new, the novelty is that companies are starting to make effective the implementation of this article in a systematic way. To date seemed that a kind of Pact prevailed of non aggression between companies, mediators, and customers. The thing was obvious, much of the new business comes from competition if we are strict in the application of the standard captaremos much less business.

But it is that new customer acquisition is not so simple in the times in which we operate longer and added to this is an increase of the cancellation of existing business which causes closure of rows in an attempt to lose the less possible businessthe profitability of a policy is closely tied to its duration.

This is point is when companies have been strict and demanding returned receipts to support, in many cases, in external companies specializing in defaults.

¿Are in the right companies? Without a doubt, the article is very clear as regards the time limits, but customers should be aware that also they them protects other actions that can release it this extension

We are referring first to article 15, 2nd paragraph, LCS stating that the company has within 6 months from the due date to claim receipt, failing which the contract is extinguished.Also but with some nuances, it can be argued that if between lower communication made by the client (although it has been carried out outside that period but before the expiry date) the company no objection within a reasonable timethe contract could be interpreted as resolved as the silence of the insurer would be the cup of the low acceptance.Another line of support is on whether there was a change significantly from one of the essential elements of the insurance contract and unilateral (article 8 LCS: Premium, insured amount, mediator, risk, etc.), it could not be seen as a case of extension of the insurance contract but as a true renewal of the same ason the one hand, it has to be formalized in writing to the policyholder (article 5 LCS) and, on the other, calls for the provision of the consent of both parties for their validity (articles 1203,1256, 1261.1 Civil Code).In this case they would not be implementing articles 15 and 22 LCS to represent the novation a new contract and it not the extension of a contract prior to the same conditions.

This repository (developed by the Legal Department of Espabrok) can help customers in its defense in case of return of receipts out deadlines, although our recommendation to customers and to avoid problems is to request a preventive cancellation more than 60 days in advance that will release them from his contract and they will allow them to explore new alternativesapproaching its mediator of confidence that surely you will be able to complete this information.

We additionally recommend the reading of one of the threads of the Rankia forums in which Carlos Lluch adds light to the consultation of a user and as always with very good judgement

View the original article here

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