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When taking out a loan , questions about health may be asked. Is it legal? What can or cannot be asked of us? Does this information condition the granting of a loan?
Insurance yes, bank no
It is the insurance and not the bank that is entitled to ask questions about the state of health. The insurer then wishes to assess the risks it bears. Depending on the age of the borrower and the amount of the loan , the information requested is more or less detailed. He may ask for a simple sworn declaration of good health, but this may involve analyses, complete examinations… In general, there is first a medical questionnaire. The insured must give exact answers to specific questions asked by the insurer.
What cannot be asked
The insurer is prohibited from requesting or using genetic tests even with the consent of the insured. In addition, he must ensure strict compliance by his services with medical secrecy. Nor should the bank clerk be able to read the medical questionnaire which must be sent to the insurance company under seal. Nor does the insured’s attending physician have to respond directly, without the insured’s consent, to the insurer’s requests for clarification.
If I give a wrong answer
In the “State of health” questionnaire, care must be taken to give the correct answers because the consequences can be serious. In the event of involuntary fault, there is a rule proportional to the premium: the indemnity due by the insurer is reduced in proportion to the insurance premium that the insured would have had to pay if he had correctly declared his risk. . If it is a false declaration, we expose ourselves to the nullity of the contract. In this case, the insurer must prove that the error was made in bad faith.
Free choice of insurance
Since 2010, we are no longer obliged to subscribe to the insurance taken out by the banker. You are free to choose the insurer of your choice. We must therefore play the competition because we can then find an insurer who will offer an equivalent level of guarantee with simpler acceptance conditions.
If the insurer refuses
The insurer is entitled to refuse the loan and does not have to justify its refusal. In general, this is the case when he considers that there is an aggravated risk. In case of refusal, know that you can benefit from the AERAS Convention (Insure and Borrow with an Aggravated Health Risk). This agreement offers a solution to people who have or have had a serious health problem and allows them to find a guarantee, but the loan must not exceed 4 years and the request must be made before the age of 50. In addition, this Aeras agreement includes a right to be forgotten, in particular for people cured of cancer whose treatment ended at least 15 years ago. These people are not required to declare it to the insurer, cannot be subject to an additional premium or be excluded from cover.
DAMY Law Firm , Nice, Health Questionnaire/Getting a Loan, Update 2022
