Legal tip 510. Your Health Insurance company increased the premium without previous notice
Monday, April 25, 2011 @ 6:11 PM
In this case, you are entitled to have them keeping the rate you had before the increase.
Provision 1 of the Insurance Act establishes the premium as a essential element of the contract and therefore any change on this needs the concurrence of the two contract wills/parties ( 1203.1 and 1262 of the Spanish Civil Code)
If the provider, the Health Insurance Company, wants to increase the premium, it will be under the obligaton of communicating this to the user with a minimum of 2 months of anticipation according to provision 22 of the Spanish Insurance Act.
If this previous communication is not performed, the increase will need the express consent of the user who can refuse it and therefore will be entitled to keep the current rate for a new whole period. During this period the Insurance company will not have the faculty to cancel the contract.
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Tarifa, by Linguiz at Flickr.com