Death Insurance: What should be reported in a medical questionnaire?
Verified 07 July 2021 - Directorate for Legal and Administrative Information (Prime Minister)
If you have to fill out a medical questionnaire, you must answer all the questions, as they are asked.
Depending on your answers, the insurer may ask you to perform medical examinations. In this case, the examinations shall be the subject of a confidential medical report drawn up by the insurer's medical officer.
Depending on the medical risks you have reported, the insurer may make the following decisions:
- Agree to insure yourself without any special conditions
- Agree to insure yourself by excluding risks related to the consequences of certain diseases or events
- Agree to insure provided you agree to pay a extra premium
- Refusing to insure
If you make a false statement in answering the questions, the insurer can ask the court to cancel the contract.
But he has to prove you're acting in bad faith.
If the cancelation is ordered by the court, the insurer has the right to keep the premiums you have already paid.
He or she may also charge you for the period up to the date of cancelation of the contract.
If you forget to report certain items or misrepresent them negligently or in error, this can have one of two consequences:
- If the omission or misrepresentation is discovered before the occurrence of a claim, the insurer may terminate or maintain the contract by applying a premium increase
- If the omission or misrepresentation is discovered after a loss, the insurer may apply a reduction in the capital that it must pay you, in proportion to the contributions that should have been paid.
- Insurance Code: Articles L112-1 to L112-11Written questionnaire before conclusion of the contract (Article L112-3)
- Insurance Code: Articles L113-1 to L113-17Obligation to reply (Article L113-2), intentional misrepresentation (Article L113-8), negligent or simple misrepresentation (Article L113-9)
- Insurance Code: Articles L132-1 to L132-27-2Repayment of the capital on account on the contract (Article L132-18)