Private health insurance: Federal Supreme court flips ruling to increases in the contribution

premium increases in private health insurance can not only be explained, therefore, invalid, because for such adjustments to the statutory Trustee may not be independent. If this procedure had been ordered to be held in a separate examination of its independence by the civil courts, decided by the Federal court of justice (BGH) on Wednesday in Karlsruhe. The court overturned a verdict that had sentenced an insurance company to Contribution refunds.(Az. IV ZR 255/17)

A privately insured had filed a complaint against increases in contributions to the Axa-insurance in the years 2012 and 2013. It was about a sum of around 1000 Euro. The district court and the regional court of Potsdam, explained that the increases were invalid and condemned the insurance company to Contribution refunds. On appeal, the court reasoned that the examination of the Changes used Trustee was not of the company independently. It is a legal requirement that such auditor must agree to a contribution change.

The Federal judge lifted the Potsdam judgment now. You referred to but the fact that the civil courts would have to examine in such a dispute the legality of the contribution increases. Alone the question of the independence of the Trustee is not sufficient to overturn the increases in court.