When an insurance contract is signed, both parties have the right to withdraw usa number list from the contract within a certain period of time and without having to give any explanation. The most common way is for the insured to exercise this right, but the insurer may also exercise it.
The General Law for the Defense of Consumers and Users and other complementary laws refer to the right of withdrawal, specifically in its article 68 :
«The right to withdraw from a contract is the right of the consumer and user to cancel the contract entered into , notifying the other contracting party within the period established for exercising this right, without having to justify their decision and without any penalty. Clauses that impose a penalty on the consumer and user for exercising their right to withdraw shall be null and void.»
If you hire a service by mistake or the conditions of your insurance do not convince you or you were not adequately informed, you can request the cancellation. If the insurer gives you problems and does not allow you to cancel the insurance, it is best to go to a lawyer specialized in insurance since they will be able to advise you in a personalized way and are experts in the field.
The answer is given by article 71 of the General Law for the Defense of Consumers and Users. It establishes that there is a minimum period of 14 calendar days . The calculation begins from the receipt of the goods that are the object of the contract or from the conclusion of the contract if the object of the contract is the provision of services.
In the case of life insurance, the period is longer and Article 83.a of the Insurance Contract Law establishes a period of 30 days to withdraw from the signing of the contract or from when the insured receives the documentation.
The right of withdrawal does not entail any expense
If the insurer fails to comply with the obligation to provide information to the consumer, the contract may be declared null and void . Furthermore, if the entrepreneur has not complied with the obligation to provide information and documentation regarding the right of withdrawal, the period for exercising it will end twelve months after the date of expiry of the initial withdrawal period, counting from the date on which the contracted goods were delivered or the contract was concluded, if the object of the latter was the provision of services.
We must bear in mind that if the insurer changes the conditions, we have the right to terminate the contract , that is, to resolve it. The company has two months to inform us of the changes or the new conditions. If we do not agree, we can request the termination of the contract. It is important not to confuse it with withdrawal, since they are different legal figures.
How do I exercise my right of withdrawal?
According to the Consumer and User Law, the exercise of the right of withdrawal is not subject to any formality . It can be accredited in any form admitted by law. It is best to do so in writing, since this provides reliable evidence that the withdrawal request has been made. For example, it can be done by burofax.
It should be noted that the consumer does not have to state the reasons for withdrawing from the contract, it is not necessary to justify it and he does not have to pay any costs or be penalized. This is a right that the law recognizes for the consumer and that can be exercised without conditions.
If you have problems when exercising the right to withdraw or the insurer refuses to accept it, it is best to go to a lawyer who is an expert in the matter, such as the Quatre Cantons law firm , which has extensive experience in insurance litigation and claims against the insurer.
How to claim a cancellation from your insurer?
We ask the opposite question: can the insurer itself withdraw from the contract? The insurer can cancel the renewal of the insurance or terminate the contract before its expiration.
If the insurer cancels the extension or renewal of the insurance, it must do so in writing and the interested party must be notified. However, the company is not obliged to motivate or justify its decision not to renew, but it is obliged to communicate this within a period of more than two months.