The Federal Court of Justice (BGH) ruled in favor of millions of privately insured individuals on December 16, 2020, and April 14, 2021. The usual premium increases by private health insurers were inadmissible. According to the ruling, premium increases must be sufficiently justified so that the insured can understand the increase.
Why are premium increases in private health insurance ineffective?
Private insurers increase insurance premiums almost every year. For an effective contribution increase However, the increase must be justified in detail in accordance with Section 203 (5) of the Insurance Contract Act (VVG). Section 203 (5) of the Insurance Contract Act (VV) states: ‘The revision of the premium and the changes referred to in paragraphs 2 and 3 shall take effect at the beginning of the second month following the notification of the revision or changes and the relevant reasons to the policyholder." However, many private insurers only increase premiums with blanket and clichéd justifications. The result: Millions of privately insured people can demand a refund of overpaid premiums!
Furthermore, the so-called thresholds must be taken into account: This means that private insurers can only increase premiums if they can prove that the health costs or life expectancy of the respective insured persons have increased. The law specifies corresponding thresholds that may not be exceeded. According to the law, insurers can only increase premiums if the health costs exceed the calculated expenses by more than 10 percent. The calculated mortality rate must exceed a threshold of 5 percent (Section 203 (2) VVG, Section 155 (3) VAG).
In addition, the premium increase must also be reviewed by an independent trustee. This trustee will review the calculation basis for the corresponding premium increase and then either approve or reject the increase.
This is how you get your money back!
Do you also have private health insurance and would like to know whether you can reclaim your contributions? Then let us free advice. We help you your demands against your private health insurance provider. In addition to the overpaid premium, you are also entitled to reimbursement of the interest paid over the years. Your refund claim could therefore be worth several thousand euros. So act now and let us advise you.
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