Text file: 9954.txt
author: "Igor Lek\u0161an"
downvotes: 2
end consideration date: 2019-04-11
id: '9954'
number comments: 6
number views: 1888
proposal type: Competent authority response
response: "Response from the Ministry of Finance\n\nThe Ministry of Finance, as a\
  \ line ministry, is primarily responsible for drafting the systemic legislation\
  \ governing the conditions for the establishment, operation and supervision of insurance\
  \ and reinsurance undertakings in the Republic of Slovenia, which is regulated by\
  \ the Insurance Act (hereinafter referred to as the Insurance Act). Article 521\
  \ of the Insurance Act also defines the content of the provisions of the insurance\
  \ contract. The insurance contract must also contain provisions on how and at what\
  \ point in time the insurance contract may be cancelled or terminated in whole or\
  \ in part and what the obligations of the insurer are in such cases.\n\nAs regards\
  \ the conclusion of the insurance contract, this is a contractual relationship between\
  \ the policyholder and the insurer, in which (in addition to the Insurance Act-1)\
  \ the provisions of the Code of Obligations (the \"CC\") must also be taken into\
  \ account. Article 978 of the CC also provides, in the case of life insurance, for\
  \ a so-called \"contractual relationship\". This means that if a life insurance\
  \ contract is concluded for the lifetime of the policyholder or the insured person,\
  \ the insurer must pay the policy surrender value to the policyholder at the latter's\
  \ request, provided that at least three annual premiums have been paid up to that\
  \ point. The policy shall specify the conditions under which the policyholder may\
  \ request payment of its surrender value and the manner in which that value is calculated\
  \ in accordance with the policy conditions.\n\nThe Code of Obligations therefore\
  \ provides that the policy must specify the conditions for the exercise of the right\
  \ to surrender the insurance, but does not specify what those conditions are. The\
  \ policyholder usually accedes to general, pre-drafted insurance terms and conditions.\
  \ This is a matter of the contractual will of the parties. If a party considers\
  \ that the conclusion of an insurance contract is in breach of the law, the Insurance\
  \ Code or good commercial practice, it has several avenues of appeal and judicial\
  \ redress.\n\nThe settlement of disputes between service providers and policy holders\
  \ is regulated in Article 579 of the Insurance Act-1, which requires each insurance\
  \ undertaking to have an internal complaints procedure in place. If the insurer\
  \ does not uphold your complaint or does not decide on your complaint within 30\
  \ days of receiving it, you can contact the Slovenian Insurance Association GIZ,\
  \ \u017Delezna cesta 14, 1000 Ljubljana.\n\nYou can also contact the Ombudsman for\
  \ Good Business Practice in the Insurance Industry at the Slovenian Insurance Association,\
  \ which decides on disputes between customers and insurers arising from non-compliance\
  \ with the Insurance Code and other good business practices. The Ombudsman does\
  \ not deal with disputes which, by their legal nature and subject matter, would\
  \ fall within the jurisdiction of a court."
response date: 2019-05-14
response due date: null
sent date: 2019-03-20
title: Increased possibility of cancelling life insurance and getting paid out
upvotes: 22
url: https://predlagam.vladi.si/predlog/9954
