Skip to content
Emergency

Pre-contractual duty of disclosure: the insurance refuses to pay

When taking out insurance, you must answer questions relevant to the risk truthfully. If, in the event of a claim, the insurer accuses you of not having done so, it can reduce or refuse the benefit. But it depends precisely on how the questions were asked and how serious the breach is.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Create letter →

Your chances of getting your money back

The insurer must ask about circumstances relevant to the risk in text form; only then does a duty of disclosure exist (§ 19 VVG). Depending on fault, in case of a breach it can withdraw, terminate, or adjust the contract.
In the case of only simple negligence, the contract often remains in place or is adjusted. The insurer must also have informed you of its rights. If the correct form of question or the notice is missing, a refusal of benefits can be ineffective.

What you should do now

  1. 1

    1. Check the application

    Look at which questions were asked how, and what you stated.

  2. 2

    2. Classify the accusation

    Clarify whether you acted fraudulently, grossly, or only slightly negligently.

  3. 3

    3. Check the notice

    Check whether the insurer properly informed you of the consequences.

  4. 4

    4. Object

    In case of doubt, object to the refusal of benefits in writing and with reasons.

How to spot the scam

  • The insurer relies on questions it never asked in text form.
  • A proper notice is missing.
  • Slight negligence is turned into a full exclusion of benefits.

Frequently asked questions

What is the pre-contractual duty of disclosure?

The duty, when applying, to answer truthfully the questions asked by the insurer in text form about circumstances relevant to the risk (§ 19 VVG). You only have to disclose what was specifically asked about.

May the insurance therefore refuse the benefit?

That depends on fault. In case of fraud or gross negligence, the insurer can withdraw or be released from the benefit. In case of simple negligence, the contract often remains in place or is only adjusted. In addition, it must have given the correct notice.

What can I do against the refusal?

Check the form of question, the notice, and the degree of fault. Refusals are often open to challenge, for instance if the question was not asked in text form, no notice was given, or only slight negligence is present. Then you can object to the refusal of benefits in writing.

Take action now

We put together the ready-made texts and the right places to contact for you.

Create letterCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.