When it comes to insurance, cancelling a contract is a vast subject: in addition to standard cancellation by one of the contracting parties, you will find many exceptional situations in which cancellation can be invoked. For example:
- following a claim;
- following non-payment;
- if the risk no longer exists;
- in the event of disagreement following a change in the risk;
- following notification of a rise in the premium;
The cancellation covered here is the standard cancellation. It is the intention expressed by one of the contracting parties to cancel the insurance contract on the annual expiry date.
Principle: The law stipulates that the duration of the insurance contract cannot exceed one year, with some exceptions, but that it is tacitly extended from year to year.
If you do not wish to extend the contract tacitly, i.e. if you wish to cancel your insurance contract on the annual expiry date, you must notify your insurer at least four months before the annual expiry date of the contract that you object to the tacit extension of the contract (Art. 85, § 1, law of 4 April 2014 on insurance).
How? You can do this in one of the following ways:
- by registered mail;
- by bailiff's writ;
- or by delivering the letter of cancellation against receipt (Art. 84, § 1, Law of 4 April 2014 on insurance).
Then, the contract is cancelled on the expiry date. However, the insurer is still obliged to cover claims that arise between the sending, service or delivery of the cancellation and the annual expiry date of the contract.