Is default on insurance payment possible after 2.5 years?


Questioner

On 29-11-2019 my son bought a new laptop at the media market. Because of the amount they offered us insurance through Allianz. We took out this insurance for a period of three years. The contract states that this must be paid immediately. In the following week I received a policy sheet and upon telephone contact on 20-01-2020 it was also confirmed that the payment was in order. In the meantime, 2.5 years have not had to claim any damages and no emails or mail received from Allianz. Now that the insurance expires at the end of the year, I suddenly receive an invoice for the amount of 300 euros that they say is still outstanding. They claim to have repeatedly sent requests. However, this is the first mail I received on the policy after the first mail I received. I have the receipt for the laptop and the insurance taken out, but no proof of payment because I paid for it in cash and did not think to keep it as it was already on the receipt and in the contract. Can they put me in default of payment 2.5 years after the date? Suppose something had happened to the laptop, then we would not have been insured for all that time? I think it is a terrible story and would like to know what my rights and obligations are.

Lawyer

It is very strange that the insurance company now suddenly comes up with an invoice when it was confirmed in 2020 that the payment was in order. In most cases, there is a limitation period of 5 years (in some cases 2 years). In addition to the limitation period, there may also be other circumstances that mean it is no longer entitled to collect a certain claim. For example, the concept of 'legal processing' and/or 'reasonableness and fairness'. Under certain circumstances, it may not be reasonable to collect a claim. This could possibly be the case now that the insurer only comes knocking after a long time and also indicated 2+ years ago that payment would have been made. Without knowing the exact circumstances it is not possible to provide more concrete information. Please feel free to contact me via my profile if you have any questions or require legal assistance.

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