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“Formal Defect” as a Way Out
In the insurance sector (Insurtech, brokerages and insurers), contracting speed is critical, but document formalisation is the weak spot. A policyholder may have signed the policy, but if the company cannot prove that it delivered the General Conditions, the Pre-Contractual Information Document (IPID) and the right of withdrawal before or at the time of signing, the contract is exposed.
The risk is real: when a claim is rejected, the policyholder’s lawyers often challenge the contracting process. If there is a formal defect in the delivery of information, they can argue invalidity or extend the withdrawal period indefinitely.
Choosing an electronic signature solution for insurance is not just about capturing a signature; it is about managing the full contractual “pack”. Below are the 4 keys to protecting your book.
1. The Contracting “Pack”: Signature + Certified Delivery
The common mistake is to use a tool that only handles signing the main document (Special Conditions).
The winning strategy:
Look for a platform that supports hybrid flows in a single send:
- Signature (consent): For the policy and the SEPA mandate.
- Certified delivery (evidence): For the General Conditions wording and the IPID.
- The advantage: The customer receives one email. When they sign, the platform technically certifies that the policyholder had access to all mandatory documentation. This closes the door to “friendly fraud” based on lack of information.
2. SEPA and Renewals: Operational Efficiency
Do not use a sledgehammer to crack a nut. Requiring qualified signature (with digital certificate) for a direct debit mandate (SEPA) or a policy endorsement is inefficient and reduces conversion.
The buying criterion:
- For the SEPA mandate: Advanced Electronic Signature (or even simple for low amounts) is perfectly valid to avoid the bank returning the direct debit for “lack of mandate”. What matters is traceability of acceptance.
- Commercial agility: The tool must let the customer sign the mandate from their mobile at the same time they accept the policy, securing premium collection.
3. Operations: Integration with Management Software (ERP)
Modern brokerages do not upload PDFs by hand. They work with management systems such as MPM (segElevia), ebroker or in-house systems.
The technical key:
Choose a solution with an API or native connectors to your management software.
- Automation: When you issue the policy in your ERP, the system should automatically send the signing request to the customer.
- Hands-off filing: Once signed, the policy is stored back in the customer record in the ERP. This saves hundreds of administrative hours of “download, rename and upload”.
4. Beyond the Signature: Article 22 of the Insurance Contract Act
The Insurance Contract Act (Art. 22) requires that, if you want to cancel a policy or change the price (premium increase) on renewal, you must notify the policyholder 2 months in advance.
The problem: Ordinary email does not prove the date or content. Certified mail is very expensive (€10–15) for mass sends.
The solution: Use the same platform to send these notifications via Certified Email.
- Cost: A fraction of certified mail.
- Validity: You prove content, sending and delivery within the deadline, so you can cancel unprofitable books or apply premium increases with legal certainty.
Frequently Asked Questions (FAQs)
Is digital signature suitable for the Health Questionnaire?
Yes, and it is essential. Signing the health questionnaire electronically ensures the content cannot be altered. This protects the insurer: if the customer declared no prior conditions and later claims, they cannot argue that “the agent filled in the boxes for them” or that the document was changed afterwards.
Is voice contracting (recording) valid?
It is valid but operationally complex. Managing audio recordings (storing them, finding the exact moment in court) is costly. Electronic signature produces a self-contained PDF document that is much easier for claims and legal departments to handle.
How do I notify a claim rejection?
Rejecting a claim is a sensitive communication. Doing it by certified email ensures the company has met its obligation to respond and give reasons for the rejection in time, starting the legal time limits for the policyholder to dispute if they wish, while closing the administrative file.
Can I integrate this into a web rating tool?
Absolutely. Via the API, the customer gets their quote on the web and signs the policy in the same flow, turning a lead into an insured customer in minutes, with no agent involvement.
Conclusion
In the insurance sector, trust rests on document clarity. The best tool is not the one that only gets the signature but the one that protects the delivery of information. Using a platform that combines advanced signature (to close the sale) and certified delivery (to comply with the Insurance Contract Act) is the most cost-effective way to reduce the brokerage’s legal claims exposure.
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