Subscription right (insurance)
The subscription rights used in insurance contracts , particularly the life insurance or accident insurance to determine the recipient of the insurance benefit for the insured event. It is customary for subscription rights to be noted when an insurance contract is concluded.
Principles
The policyholder is generally entitled to claim benefits from a contract. In some cases, however, this does not make sense (e.g. in the case of insurance against the death of the policyholder, where the insurance is taken out for the benefit of a survivor in need of care) or not desired. If a father takes out occupational disability insurance for his child, the child should receive the agreed disability pension in the event of occupational disability. The insured person and beneficiary in the contract is the child. The policyholder may be obliged to provide benefits from an insurance contract to a third party, e.g. B. with fire insurance for a property secured by credit ( mortgage lender ), or with fully comprehensive insurance for the lessor for the car.
Design
The beneficiary is entitled to payment that is due when the insured event occurs. When the insured event occurs, the policyholder loses his rights under the contract. If the contract requires the insurance policy to be presented, the beneficiary must present it. The beneficiary receives the insurance benefit (s) directly. This has an impact on compulsory portion rights and testamentary restrictions, which in principle only cover the estate. This does not include insurance benefits. Nevertheless, insurance benefits are subject to inheritance tax . Their occurrence can only be avoided if the person to whom the insurance benefits are to be paid in the event of death concludes the contract as the policyholder.
Example: As the “breadwinner of the family”, a husband wants to protect his wife against the economic consequences that his death would have on his wife and children. For this reason, the conclusion of a term life insurance is considered. If the man as the policyholder concludes the contract in his own name and he appoints his wife as the beneficiary, the insurance benefits due on his death fall into the inheritance. It is therefore better: the wife becomes the policyholder, while the husband becomes the so-called insured person . If he dies, the woman receives the insurance benefits without any inheritance tax burden. It should be noted, however, that the woman alone becomes the contractual partner of the insurance. They are obliged to pay premiums and can dispose of the insurance without knowledge of the insured person. B. terminate.
(In) revocability
The subscription right can be revocable or irrevocable. The irrevocability of a subscription right must be expressly noted. An irrevocable subscription right cannot be changed without the consent of the beneficiary. Revocable subscription rights, however, can be unilaterally granted and changed by the policyholder at any time. Its effectiveness only depends on the insurer having received a corresponding declaration from the policyholder before the occurrence of the insured event. It is not sufficient for the policyholder to keep a written document with him or to have sent a document so late that the insurer does not receive it before the insured event.
Irrevocable subscription rights are often used in the commercial sector to protect shareholders. They are also used for company pension schemes ( salary conversion ). The employer is the policyholder owner of the contract, the employee is the insured person. The irrevocable subscription right ensures that the employee's funds are not misappropriated by the employer.
Death of the beneficiary
If the beneficiary dies before the occurrence of the insured event, the subscription right reverts to the policyholder in the event of a revocable subscription right; in the case of an irrevocable subscription right, the subscription right is transferred to the heirs of the beneficiary.
Death of the policyholder
If the policyholder of an insurance policy dies for his own life and he has a subscription right, the beneficiary has a direct claim against the insurance company for payment of the sum insured. The heirs cannot change an irrevocable subscription right. A revocable subscription right that is known to the beneficiary cannot be changed by the heirs either. The heirs can revoke a revocable subscription right that is not yet known to the beneficiary.
The registration as a beneficiary is legally a gift . The insurance payment is therefore not included in the discount .
Life insurance payments are to be offset against the value immediately before the death of the policyholder when calculating the compulsory portion.
Individual evidence
- ↑ BGH, April 28, 2010 IV ZR 73/08 and IV ZR 230/08
