Services
Withdrawal and rescission: the accusation of incorrect information
If the insurer only checks what you stated when the contract was concluded once you make a claim, the whole contract is often at stake. Such decisions can frequently be challenged.
What it is about
Before the contract is concluded, you must answer the insurer’s health questions truthfully and completely (pre-contractual duty of disclosure, vorvertragliche Anzeigepflicht, §§ 19 ff. VVG). If the insurer later claims that you did not disclose illnesses or disclosed them incorrectly, it can withdraw from the contract (Rücktritt) or rescind it (Anfechtung). Your insurance cover then ceases, often retroactively as well.
Why a review can be worthwhile
- Were the questions clear, unambiguous and asked in text form?
- Were you properly informed of the consequences of incorrect information?
- Did your adviser or intermediary record information that differed from what you actually said?
- Did the insurer meet the deadlines, such as the one-month period for withdrawal from the time it became aware (§ 21 VVG)?
- Was there really intent or fraudulent concealment, or merely an oversight?
Important: Do not make any further statements to the insurer about your medical history before you have taken advice. Anything you say may later be used against you.
How we proceed
We evaluate the application, the health questions, the notice of consequences and your medical records, and check whether the withdrawal or rescission is valid. On that basis, we decide whether to call on the insurer to reverse its decision, lodge an objection or take legal action. We cannot give any assurance as to the outcome.