The formalism of the insurance contract.
The insurance contract contains information and documents.
Back to the formalism of the insurance contract.
The insurance contract is a contract written in French.
The Insurance Code lists the documents to be given to the insured when taking out a damage insurance contract [24]:
- An information sheet on the prices and guarantees of the contract (what is an information sheet?)
- A copy of the draft contract and supporting documents,
- An information notice with the guarantees, exclusions and obligations of the insured, including an indication of the law applicable to the contract, the place where to send his complaint, the social address of the salesperson as well as the address of the branch if there is an intermediary,
- The insurance policy mentions:
"> The day and date of the subscription of the contract,> the names and domiciles of the contracting parties,> the thing or the insured person,> the nature of the risks covered,
> the moment from which the risk is guaranteed and the duration of this guarantee,> the amount of this guarantee, the premium / contribution,> the law applicable to the contract,> the address of the registered office of the insurer and of the branch which grants the cover,> the name and address of the control company of the insurance company which grants the insurance cover,> the exclusions in very visible characters,> ". In the event of liability insurance, the insurer provides the insured with a liability sheet,
- An information sheet on the operation of civil liability, when the insurance contract includes civil liability coverage.
- An information sheet in the context of major risks [25]. No penalty for not submitting this form.
- An information sheet for temporary risks [26]. No penalty for not submitting this form.
- The risk questionnaire.
Articles L132-5 and following of the Insurance Code recall the objectives of "clarity" and "security" of the insurance contract (life). They also indicate that the insurer provides its insured with an information notice which recalls the essential elements of the contract, the option of waiver, the distribution of funds euros / ua and a draft contract as well as the particularities in life insurance, which come in addition to existing damage insurance obligations such as:
- the allocation of technical and financial benefits,
- the conditions for revaluing the contract,
- the option of waiver of 30 days,
- a box which includes (the costs (for example, the costs of transferring funds from a financial product such as a life insurance contract or a current account to another financial product), cases of redemption of "savings" , the guarantees offered, the profit sharing, and the terms of designation of beneficiaries),
- in the case of a capitalization contract, the information notice also includes:
- a draft letter of renunciation as well as the modalities for renouncing his contract,
- the surrender value of the insurance contracts during the first eight years,
- the amount of contributions / premiums paid each year.
We have just seen the formalism of the insurance contract. The sanction for non-compliance with this formalism is the extension of the waiver period. The waiver is
"An act by which a person voluntarily abandons a right already born in his heritage, extinguishes this right, or refrains from making it a means of defense".
In the context of life insurance, waiver is the right of the insured to waive his life insurance contract for 30 days in direct sale and X days in distance sale.
When the insurer does not comply with the formal requirements that we have seen, the waiver period does not end on the scheduled date but only ends 30 calendar days after receipt of all the documents submitted to the insured. This is the extension of the waiver period.
Group insurance is a
"Group insurance which covers the various members of a group against certain risks, mainly against the risk of death through life insurance or the risk of accident or illness".
The most famous group insurance is health insurance. Group insurance also has particularities [27] in terms of formalism and in terms of practice. Before discussing the specifics in terms of formalism, we will briefly discuss the specifics in terms of practice. We have seen that there is a multitude of players in insurance. There is the insurer, the underwriter, the insured, and the beneficiary. In the case of group insurance, the underwriter, the insured and the beneficiary are represented by one and the same person, the company. The employee only signs up to the contract, it is said to be a "member".
In terms of formalism, the subscriber
إرسال تعليق