A good arbitration is better than a long trial! In 99% of cases, insurance companies follow the advice of the insurance mediator. Its 2016 activity report has just been published, and it is rich in lessons. In particular, it highlights current issues and recurring issues that lead to misunderstandings and even litigation. Presentation most often "accompanied by recommendations on modalities to avoid renewal," said Philippe Baillot, the mediator of insurance. Summary of the main missteps to avoid.
Attention to the guarantees of the insurance-borrower contracts
They include an age limit. When it is reached, you are no longer covered by the guarantee. But under the principle of risk pooling, the amount of the levy levied does not decrease. This is a frequent source of incomprehension among policyholders and this clause is not always clear in the contracts, which the mediator deplores.
To subscribe a PERP only in a perspective of annuity
"The PERP aims at the constitution of a paid-up capital in the form of an annuity from the retirement of the subscriber," recalls the mediator. Redemptions are only possible in rare cases (death of a spouse, disability category 1 or 2). The "tunnel" side of the PERP is often overshadowed by savers who want to recover their savings. Since the Sapin II law of December 9, 2016, it has become possible, under certain conditions, to recover the capital invested on the PERP whose value does not exceed 2.000 euros. New unlocking opportunities that policyholders should be better informed, especially when they are experiencing financial difficulties.
How to choose the date of purchase of your life insurance policy
To benefit from the compensation awarded for the current year, you must pay close attention to the redemption date of your contract. Profit sharing is not always granted on a pro rata temporis basis. It can be contractually stipulated, for example, on December 31 of the year. Therefore, whoever recovers his funds before that date would be deprived of remuneration for the entire year. The insured therefore has an interest in consulting the general conditions of the contract before taking action, advises the mediator. It may be advantageous to recover his funds a few days later!
What is the role of the insurance mediator?
Clearly make the right tax choice
This is one of the privileges of life insurance: the insured can opt, if he wishes, for a levy discharge that may be more favorable to him than the application of the scale of income tax. But for such an option to be retained, the mediator reminds that the insured must make a clear and explicit request to the insurer. Otherwise, it is the common law regime that applies and the insurer can not make a retrospective modification of the tax option.
Carefully write the beneficiary clause
It's a classic trap. You have to be very careful with its wording. Thus, to designate as beneficiary "Mrs. X, failing my heirs" excludes de facto any representation of it. If she died before she could benefit from the contract. it is Mr. X's heirs who will receive the funds. Conversely, the wording "Mrs. X, failing her heirs" means the heirs of Mrs. X as beneficiaries. But there are other subtleties. Thus, when the clause designates as beneficiaries several persons of the same rank nominatively designated and "failing that their heirs", this mention introduces the concept of representation, but it must be understood as "failing all the beneficiaries of the first rank the beneficiaries will be their heirs ". So, the son of the
Check CSG withdrawals
The method of taking the CSG out of life insurance contracts has over time been increased and complicated. On funds in euros, social security contributions are made over the water. On the units of account, they are punctured during the redemptions, but also now in the event of death. Finally, the rate is that of the year, except for contracts signed between 1st January 1990 and 25 September 1997, for which applies the historical rate. It takes into account the successive increases of this contribution. A configuration so complex that it gives rise to many referrals. Insurers are not immune to errors, but it is unfortunately very difficult for the saver to verify the calculations.
Master the deadlines
Life insurance beneficiaries often ask insurers to pay interest for the period between the date of death and the date of payment of the principal. According to the Insurance Code, the insurer must request the necessary documents for the payment of the capital within a period of fifteen days from the receipt of the death notice and its knowledge of the beneficiary's details. He then has a period of one month to pay the capital from the receipt of all the documents provided by the beneficiary. Otherwise, the unpaid capital produces interest at double the legal rate for two months and three times beyond. But, says the mediator, “Under the law, insurers are not required to pay an interest for delaying informing the beneficiary of his or her status as a result of the death of the subscriber".
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