termination at any time ultimately enshrined in law


Led by MP Patricia Lemoine (Agir) and supported by the government, the bill “for fairer, simpler and more transparent access to the borrower insurance market” aims to introduce more competition in the banking sector, in a strong position in this field (88% market share), and in insurance, in order to lower costs for the consumer. To be definitively adopted, the compromise text validated by the Joint Joint Committee (CMP) must still be voted on one last time by the two chambers, the National Assembly next Thursday and the Senate on February 17.

“This bill represents a new perspective to support the purchasing power of the French, but also a measure of justice towards all people suffering from pathologies preventing them from carrying out their projects, for lack of mortgage credit”, reacted the presidential majority in a press release. Its flagship measure, the possibility of changing borrower insurance free of charge at any time, and no longer only on the anniversary date, had been rejected at first reading by the Senate dominated by the right-wing opposition.

Improved information for policyholders

Deputies and senators were able to find common ground on the CMP text, including its flagship measure. It will come into effect on June 1 for new contracts, and from September 1 for others. In accordance with the will of the Senate, the information obligations of the insured on their right to cancellation are reinforced. Insurers will therefore have to inform them each year of the existence of this right and the terms of its implementation.

“We considered that extending the right to termination without increasing information for policyholders was a shot in the dark: […] we can now consider that all the elements are in place for the borrower insurance market to be truly fluid”said the rapporteur for the Senate Daniel Gremillet (LR).

Muscular health component

At the initiative of the senators, the health component of the bill comes out of the CMP strong. The medical questionnaire is thus removed for home loans below 200,000 euros and whose term occurs before the 60th birthday of the borrower. The period of the “right to be forgotten” for cancers and hepatitis C is reduced from ten to five years. The “right to be forgotten” now allows former cancer patients to no longer have to declare their illness to their insurer ten years after the end of their therapeutic protocol.

The progress, which did not appear in the text voted on at first reading by the deputies, gave rise to a small battle of press releases. The presidential majority gloried in putting “implement the commitment” of Emmanuel Macron, while the Senate boasted of having “against the initial opinion of the government, materialized the campaign promise of the President of the Republic”.

The signatories of the Aeras agreement (insure and borrow with an aggravated health risk) will also have the obligation to initiate negotiations by July 31, 2022 on pathologies other than cancer. Sophie Primas, the LR president of the Senate’s Economic Affairs Committee, welcomed the progress “historical” who “come to put an end to a large number of very unfair situations”.

reactions

The French Banking Federation (FBF) assured in a press release its attachment “access to secure real estate credit and a shared insurance model for all”. She called to “maintain these objectives” with the new frame. On the insurers side, Eric Maumy, president of the wholesale insurance broker April and member of the Association for the promotion of competition in creditor insurance (Apcade) welcomed a decision which will strengthen “the right of borrowers”.

“The competition between traditional banking players, who charge prices two to three times more expensive, with external insurers, can only be favorable to the consumer”, said Olivier Moustacakis, co-founder of Assurland.com. Maël Bernier, spokesperson for Meilleurtaux, welcomed the extension of the right to be forgotten but recalled that the abolition of the health questionnaire concerned current and not past health problems. She therefore called on the sector to be “vigilant” in the face of a potential price increase.

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