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We’re there for you and look for­ward to your mes­sage. This is how you can reach us:

Tele­fon: +49 (0)30 – 327 617 0

E-​Mail: mail@​ssma.​de

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Typical errors in a revocation instruction that lead to a “eternal” right of objection

We check if your in­struc­tion is in­cor­rect, free of charge for you! You just have to send us your cor­res­pond­ing doc­u­ments. But you may also like to know up­front, which typ­ical er­rors oc­cur in re­voc­a­tion in­struc­tions. Of course, the list can­not be conclusive.

1. Violation against the requirement of clear design

The in­struc­tion needs to be ob­vi­ous for the poli­cy­holder, there­fore it needs to be clearly de­signed. It must not get lost in the con­tinu­ous text. Its high­light­ing can be done through big­ger Ty­po­graphy, bold print, dif­fer­ent color or framing.

2. Issues with regard to the formal requirements of the notice of objection by the policyholder

It was man­dat­ory to point out to the poli­cy­holder, in which Form the re­voc­a­tion needed to be filed. For con­tracts, which were con­cluded be­fore 31 July 2001, it was man­dat­ory to file the ob­jec­tion in writ­ten form. For con­tracts as of 1 Au­gust 2001, the text format was valid. In many cases, the in­struc­tion was miss­ing such a ref­er­ence or the text format was re­quired in­stead of the writ­ten form.

3. Incorrect information about the period of objection

The period of ob­jec­tion for con­tracts con­cluded un­til 7 Decem­ber 2004, ac­coun­ted for 14 days. From 8 Decem­ber 2004, it ac­coun­ted for 30 days.

4. Incorrect information at the beginning of the period of objection.

The period of the ob­jec­tion of 14 or 30 days starts with the re­cep­tion of the in­sur­ance policies, the gen­eral con­di­tions of the in­sur­ance and all the other con­sumer in­form­a­tion. This needs to be poin­ted out to the poli­cy­holder. In many cases, this ap­plic­able term of these trig­ger­ing doc­u­ments is missing.

5. Missing or false terms of deadline

The period of ob­jec­tion is re­spec­ted by the timely sub­mis­sion of the de­clar­a­tion of ob­jec­tion. The “timely” re­ceipt of the state­ment by the in­surer is not de­cis­ive for the dead­line. This must also be poin­ted out in the in­struc­tion, for ex­ample by “the timely dis­patch is sufficient”.

How to reach us

Schirp & Part­ner Recht­san­wälte mbB
Leipzi­ger Platz 9
10117 Ber­lin, Germany

Phone: +49 (0)30 – 327 617 0
Fax: +49 (0)30 – 327 617 17
E-​Mail: mail@​ssma.​de

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Please take note that we can not answer consultatively here. If you happen to request that anyways, you may give us full power of attorney. For that, simply download this form, sign it and return it to us.

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