374 regulation of the financial market authority (FMA) on the information requirements for health insurance like life insurance (health insurance information duties regulation - KV-InfoV)
On the basis of § 255 par. 4 of the insurance supervision law 2016 - VAG 2016, Federal Law Gazette I no. 34/2015, as last amended by the Federal Act Federal Law Gazette I no. 112/2015, is with the consent of the Federal Minister of finance prescribed:
§ 1. This regulation lays down certain minimum content of information which have to set up insurance companies in accordance with § 255 par. 1 and 2 VAG 2016 to policyholders.
Pre-contractual information requirements with respect to the insurance company's services
Section 2 (1) the policyholder is to inform Z 1 VAG 2016 of the insured risks and any waiting periods in the context of the presentation of the services of the insurance undertaking in accordance with article 255, paragraph 1.
(2) in connection with the presentation of the services of the insurance undertaking in accordance with article 255, paragraph 1 No. 1 VAG 2016 has a concrete hint
1. the legal and general model contractual risk exclusions to be made and it is pointed out, if the information is not exhaustive;
2. the individual risk exclusions may be contained in the certificate of insurance and waiting times due to the individual risk situation of the insured person to be carried out. The policyholder is clearly on his right of objection in accordance with § 5 German insurance contract law - insurance, Federal Law Gazette No. 2 / 1959 as amended by Federal Law Gazette I no. 34/2015, and the consequences resulting from it for the policyholder to point out.
Pre-contractual information obligations with regard to the conditions and modalities of a premium adjustment
§ 3 (1) the policyholder is to inform 2 VAG 2016 in Z when the premium in accordance with § 178f insurance on one side constantly can be adjusted by the insurance company in order to represent the conditions and modalities of a premium adjustment in accordance with article 255, paragraph 1. In this case, the policyholder also is to inform that the adjustment may cause that premiums increase significantly during the contract term.
(2) the policyholder is to inform Z 2 VAG 2016 of the premium increase of at least five years of practical applied tariff in order to represent the conditions and modalities of a premium adjustment in accordance with article 255, paragraph 1. The tariff is applied for less than five years, has the appearance of the annual premium increase of at least five years on the basis of a comparable rate of the affected insurance undertaking must be. It is pointed out that premium increases have no compelling conclusions on that in the future in the past.
Pre-contractual information obligations with regard to the legal and economic consequences of termination of the contract
§ 4. The policyholder is in the framework of representation of the legal and economic consequences of termination of the agreement pursuant to article 255, paragraph 1 Z 5 VAG 2016 about to inform you that no buyback value will be paid in the event of termination and therefore not entitled to the pro rata provision of aging.
Ongoing obligation to provide information regarding the extent and the reasons of a premium adjustment
§ 5. The policyholder can be informed Z 3 VAG 2016 in part of information on the extent and the reasons of a made premium adjustment in accordance with § 255 par. 2.
What specific reasons have made premium adapt underlying and
that the continuation of the Treaty with a maximum constant premium and appropriately amended services may be required pursuant to § 178f 3 insurance.
Entry into force
Section 6 (1) this regulation with 1 January 2016 in force and is to apply to insurance contracts entered into after June 30, 2016.
(2) by way of derogation from paragraph 1 of article 5 to apply to insurance contracts that already have been completed before January 1, 2016.
Ettl Kumpf Müller