Auer Witte Thiel informed about groundbreaking BGH judgment to health insurance contracts Munich June 2013: health insurance according to 193 para 3 sentence 1 VVG only considered effective cancelled if confirmation of connection insurance has gone to the old insurance company. There is no retroactive validity on receiving notice of insurance. Auer Witte Thiel explains the decision of IV civil Senate of the Federal Supreme Court and the underlying case. In this particular case, a private krankenversicherter customer had concluded a new contract with another provider and with the old provider with approval of new insurance from 01 February to 1 December 2009 moved the commencement first due to delays in the termination. In a second letter dated June 10, 2009 the insured revoked the new contract but complete, whereupon him sued the following insurance on payment of the outstanding premiums. While the proceedings before the District Court had been rejected, the Court of appeal for the gave her Insurance period from 1st December 2009 to April 01, 2010 instead. The defendant went to revision, prompting the Supreme Court dissolved the State Court ruling and again handed the case to the Court of appeal.

Policyholder is avoiding risk of Doppelversicherungs the Court of appeal came to the conclusion that the original contract was not timely been withdrawn by December 12, 2008, with the termination. Because the right of withdrawal expired already in receipt of the letter, so that the withdrawal could relate VVG pursuant to 8 para 1 only on the provisions of the revised Treaty, Auer Witte Thiel explains. The original contract was so effective. It was also the Court and ordered the defendant to pay the outstanding premiums. Insurance needs clarity about the effectiveness of termination people with health insurance contracts with a term of more than one year with a notice period of three months to the end of the first year of insurance have may terminate however. This period would have been respected in the present case. The actual effectiveness of the termination depends not only the timely receipt of the insurance and their unequivocal content, but also, whether the old insurance in time had knowledge of the existence of a connection insurance. Confirmation was received by the defendant on June 18th, 2009 by its existing insurance.

In addition, must be tested in cases like these, whether a minimum insurance period was agreed, which can mean a maximum two-year exclusion of cancellation, adds Auer Witte Thiel. The case, Auer Witte Thiel provides additional information under available. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is a business law oriented law firm and represents several German insurance companies. The firm Auer Witte Thiel is Munich. How to contact with lawyers Bayerstrasse Auer Witte Thiel 27 80335 Munchen phone: 089/59 98 97 60 fax: 089 / 550 38 71 E-Mail: Web: