Disability Insurance: Court Strengthens Rights Of Insured

Delivery of the secrecy only limited occupational disability insurance is possible for many consumers important protection, which they do without not. BU retirement because of disability must be requested, insured persons must signed mostly explanations about release doctors from their duty of confidentiality. The Federal Constitutional Court in Karlsruhe has now ruled that policyholders do not need that. Court: Right to Informational self-determination the Federal Constitutional Court has decided in a currently published judgment, that insurance of disability insurance must disclose to their data indefinitely (REF. 1 BvR 3167/08). A woman had filed a corresponding complaint, had applied for the BU pensions due to depression with their insurer. The provider sent her a series of forms with which the insured person for example doctors, authorities, and the health insurance fund by the confidentiality should release.

Thus the insurance company wanted to determine whether the Disability pension will be paid to right. Disability insurance: Ruling on the data query that judges in Karlsruhe urteilten that it is the task of the civil court to protect the fundamental right to privacy and informational self-determination of the insured in the event of a dispute. As the explanations too far or not enough in detail who is exempt from the duty of confidentiality and what information the insurer obtains, the woman, she not signed the forms. Then the company refused the services. The Landgericht Nurnberg Furth had previously rejected the claim of the insured to BU pension. Now their right was granted.

BU pensions due to depression applied for the disability insurance and so the judges, in the dialogue, clarify the customer at where the company can get a what information. Policyholders must sign a Declaration on all data existing at the point of. Already in the past has been fixed by law, that the insurer only Information may ask for, which is required for the evaluation of risk to insured or the obligation”. Due to this scheme, the company must inform their customers about the query so affected, if necessary, can appeal. Disability insurance: health questions truthfully answer the insurers demand usually the information, to make sure that the BU pension is not involved. For this reason, it is important to truthfully answer the health questions of occupational disability insurance contract. The company later determines that the insured about a disease insufficient or false information has been no, the benefits can be denied. (S.Schnitter)