BGH on life insurance: when there is a longer right of objection

There is a right to object to life insurance policies. The Federal Court of Justice decided again today how long this can be claimed.

Anyone who takes out life insurance has a right to object. Normally, the customer must object within a period of 14 days. However, the period can also be much longer, and under certain circumstances even run for many years. Namely, if the insurance company has wrongly instructed its customer about the objection.

First BGH judgment years ago

Years ago, the Federal Court of Justice (BGH) had strengthened the rights of life insurance customers in the event of incorrect instructions. As a result, many customers were able to object years later and thus get out of their contracts. Now the BGH has decided: not every error in the instruction about the right of objection counts.

Minor formal errors do not apply

In the specific case, the insurance company had stipulated that the objection must be in writing – i.e. with a signature. Legally, however, a declaration without a signature would have sufficed.

With or without a signature: That’s not such a big difference, the BGH now says. This is a minor error in the instruction of the customers, which plays no legal role. An objection by the customer years later because of such a small formal error violates the principle of good faith and is not possible.