Debtor insurance revolution?

Lawrence Martinette-Longeny, a lawyer in Paris Bar, a mediation judge in the International Mediation and Arbitration Court.

Telephony providers already understood this. We have to stop fooling our customers …

Therefore, for several years, two years, it was possible to terminate a subscription in favor of another supplier without having to sign a contract with another supplier …

Energy suppliers also understand this. You can imagine changing the contract in the middle of the year and the new supplier is concerned about the terms with the old supplier.

This transformation is related to the fact that since the Ordinance of March 14, 2016, all contracts with implicit renewals have changed significantly. ..

Villa Cabrower Roof Terrace © Alliance Nagot

Article L.215-1 of the Consumer Law stipulates as follows. “” Professional service providers may notify consumers in writing by personal letter or dedicated email at least three months before the end of the period to approve the refusal of renewal, at the latest one month, and may not renew. Notify that there is.The contract he signed [À défaut] Consumers can terminate their contracts for free at any time from the date of renewal. »»

The source of this change is actually in Article 1103 of the Civil Code itself, amended on February 10, 2016. The latter would be invalid if the service provider did not provide proof of complete and complete knowledge of the terms applicable to the customer’s contract.

However, many consumers are trapped as “Sorry, your contract has been implicitly renewed …”. And there was still a base. Was the insurance field part or part of it?

Principles before the enforcement of the law of February 28, 2022

Loan insurance contracts are terminated at least 15 days before the anniversary of the first year and at least two months before the anniversary of the first year of the contract. However, this termination is subject to the sending of a well-known registered mail with confirmation of receipt. Did you need to keep a deposit receipt for that email?

Villa in Wimereux © Yanous.com

The Birkin Act was introduced for the second time to provide for insurers’ openness to competition. The purpose was to give the borrower a longer period to compete among the various insurers, and therefore to find a more competitive mortgage insurance with comparable guarantees. Effective February 22, 2017, it completely overturns the rules of the game by allowing borrowers to terminate their mortgage insurance policies. Every birthday.. However, the borrower remained detained for 12 months …

Principles after the enforcement of the law of February 28, 2022

that’s right, It will be applied from June 1, 2022. In a legal tradition that applies only in the future. This is the first paragraph of the insurance code article L.113-12-2, which has been modified to appear today. Undefined period..Customers can do it now End anytime His borrower insurance policy. He can also do so by registered mail or electronic registered delivery. But above all, it is clearly stated that the insurance policy will not be terminated even if the lender refuses.

Villa Alpel in Jacques Tati's movie

However, insurers are still unable to terminate their insurance policies due to exacerbation of risk, except for certain conditions (as defined by law) that result from voluntary changes in the insured’s behavior. As you know, insurance companies are in front of legislators.

Lawrence Martinette-Longeny, Attorney at Paris Bar, Arbitration Judge at the International Arbitration Court of Arbitration (Simeda), April 2022.