Duty of subsequent disclosure: what applicants need to know

There is no automatic general duty to report every new change in your health after applying without being asked. The pre-contractual duty of disclosure under § 19 VVG first refers to the health questions that the insurer asked in text form in the application.

Subsequent disclosure becomes relevant mainly if the insurer asks again in text form about changes in your health or circumstances relevant to the risk, after you have submitted the application but before the contract is accepted. In this case, you must also answer these additional questions completely and truthfully. This cannot be compared with statutory health insurance, where there are no health questions as in private health insurance.

This means changes that the insurer asks about in text form before accepting the contract and that are important for the risk assessment. That can include a new allergy as well as a new long-term diagnosis, a recommended operation or a move into a high-risk job. Not only illnesses count. The insurer may also ask about a dangerous job. If in doubt, it is better to report once too often than too little.

If the applicant does not meet this duty, the insurer can reduce the benefit or, in the worst case, rescind the contract. The insured person is then left without the cover they expected. Reporting, by contrast, takes only a few minutes. A prompt answer to the insurer's request therefore protects you from this risk.