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BGH ruling: Insured persons are at a disadvantage in the event of premium increases
"Federal Court of Justice ruling on health insurance premiums for private insurers causes concern. Find out why this decision is dubbed a 'disaster' for private policyholders. #HealthInsurance #BGH #Consumers"
BGH ruling: Insured persons are at a disadvantage in the event of premium increases
The Federal Court of Justice recently ruled in favor of insurance companies in a significant ruling. The decision means that they are no longer obliged to fully disclose their calculations when contributions increase. Experts see this step as a setback for the approximately 8.7 million privately insured people in Germany. The ruling makes it more difficult for insured persons to prove whether contributions have been increased too much. A consumer lawyer expressed strong criticism of this decision from Karlsruhe.
The Federal Court of Justice's ruling relates to rising health insurance contributions. Insurance companies are legally obliged to mitigate increases through limiting measures, such as using their own funds from reserves. Previously, customers were able to sue and cancel the increase if calculations were incorrect. The BGH has now decided that errors in the calculation do not automatically lead to invalidity and that customers themselves have to prove the errors without having access to the calculation.
The managing director of a consumer law firm described the verdict as a “catastrophe for privately insured people”. The burden of proof now lies with the insured, while the insurance companies no longer have to submit their limitation concept. This concept involves highly complex mathematics that is difficult to understand without outside insight. The court has therefore made it much more difficult to review the contribution increases.
The BGH's decision could lead to some private individuals opting for statutory health insurance. The contributions there are set by law, in contrast to the often increasing contributions of private insurance companies. The advice to those who already have private insurance is to keep a close eye on their tariffs and to make use of a special right to change if premiums increase. The transparency of private insurance is being called into question and those insured must increasingly rely on their trust in the insurance companies.