Pre-contractual duty of disclosure: complete health information in your application

The applicant must state all illnesses, treatments and complaints within the question period defined in the application in full. This period varies from insurer to insurer. Often it covers the last three or ten years.

If something is concealed, even unintentionally, the insurer can later claim risk surcharges retroactively, exclude benefits or avoid the contract. If you are unsure which pre-existing conditions to state when you apply, name all treatments within the relevant question period in full when in doubt. The reverse also applies: what was not asked does not have to be stated. If you volunteer more than you were asked, you risk unnecessary restrictions.

The Insurance Contract Act sets out the consequences of a breach of the duty of disclosure in § 19 (2) to (4) VVG, graded by the degree of fault. In the case of simple negligence, the insurer can terminate or adjust the contract. In the case of gross negligence or intent, it can rescind it. § 21 VVG sets how long the insurer has these rights.

Fraudulent misrepresentation is the most serious form. Under § 22 VVG, it gives the insurer the right to avoid the contract retroactively, which means the complete loss of insurance cover. In our experience, breaches of the pre-contractual duty of disclosure are found particularly often at ARAG Krankenversicherung.

The anonymous risk enquiry lets you check, before the formal application, which plans are open to you with honest answers, without your name and without being bound to a contract. If you only submit the formal application after the enquiry, you can be sure not to conceal any pre-existing conditions, and you also know the best terms you can get.

We recommend an anonymous risk enquiry before every application for private health insurance. This gives you clarity about the plans you can get, and the enquiry carries no risk for the later contract.