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A Diabetes Educator (DE) is a health professional who possesses comprehensive knowledge of and experience in prediabetes, diabetes prevention, and management. DE are an integral part of the diabetes management teams. The DE educates and supports people affected by diabetes to understand and manage the condition.

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To do this, he asks the applicant to fill out a questionnaire called the insurance proposal. The proposal does not bind either the insurer or the insured. The insured can at any time withdraw it as long as the insurer has not accepted it. The insured must declare these new circumstances to the insurer within fifteen days of becoming aware of them. Following this declaration, the insurer must say, within ten days, whether it plans to terminate or maintain the guarantee with an increase in the contribution. The insurance contract, in its current acceptance, is composed of general conditions which describe the rights and obligations of the parties and the guarantees.

These are conditions common to all of a company's contracts that cover the same risks. In addition, there are special conditions which include the data specific to an insured. It may also include special agreements, or other annexes whose name varies, which relate to the risks covered. Like any consensual contract, the insurance contract is formed by the sole agreement of the parties, even verbal.

Nevertheless, in practice, the formation of the contract is contractually subject to a formality such as the signature of the policy. The contract is the legal bond that unites the parties. The insurance policy is the document that constitutes proof of the insurance contract. The insured is obliged to pay his contributions on the agreed dates, and has ten days after the due date to do so.

Insurance - PDF, 636 KB The insurer, before subscribing, needs information on the risk to know if it is insurable and to set the rate. If the notice of expiry and this information are sent to him less than fifteen days before the deadline on which he can request the termination of his contract, the insured has a period of twenty days from from the date of sending of the notice to terminate his contract. An insurance contract can be individual (underwritten by an insured) or collective (underwritten by a third party to cover a group of insured), intuitu personae (relating to a person) or not (insurance of property), under private law or public law (when it is concluded within the framework of a public market), civil, commercial or mixed according to the quality of the parties.

If you contact an insurer simply to obtain information on, for example, its rates and guarantees, it is advisable to inform it beforehand in order to avoid any misunderstanding. If the increase is linked to a change in the insurer's rates, two scenarios are possible: The remuneration to be paid to the insurer in return for the risk assumed is called contribution or premium.

To facilitate the termination of tacitly renewable contracts, the Insurance Code provides that the insurer is required to remind, with the notice of expiry, the deadline on which the insured has the possibility of denouncing the automatic renewal of his contract. . This reminder may appear on the notice of expiry or on a separate document sent with the notice of expiry. The formation of the insurance contract is generally preceded by steps and discussions between the person who wants to be insured and the insurer or intermediaries.

Also, it is important for the insured to know the exact moment from which he is engaged because: The insurer is required to provide an information sheet on the price and guarantees of the insured. In the case of a civil liability contract, this information sheet must explain the operation over time of the guarantees. The increase in risk When the risk described at the time of taking out the contract changes over time, this change may result in an aggravation of the risk.

However, the Insurance Code obliges the insured to declare, during the course of the contract, new circumstances which have the consequence either of aggravating the risks or of creating new ones and thereby render inaccurate or invalid the answers given to the insurer in the risk declaration form when the contract is concluded. In the event of a proposal with an increase in the contribution, two cases arise: The notice of due date or call for premiums is a form in which the insurer specifies the amount of the sum to be paid (net premium and accessories) and the date from which you must pay it (due date). The insurance contract is governed by the Insurance Code if it was concluded by an insurance company, by the Mutuality Code if it was concluded by a mutual insurance company, or by the Social Security Code s it was concluded by a provident institution. The insurance contract is an agreement by which the insurer undertakes to pay the insured a sum of money to repair the damage suffered in the event of the occurrence of a claim, defined in exchange for the payment of a sum paid , either originally or periodically.

In the event of termination, this then takes place ten days after notification. Net premium: sum used to pay claims and the operating costs of the company including, where applicable, the commissions of intermediaries (general agents and brokers). Accessories (or costs): sum covering certain management costs such as the establishment of notices of expiry. If the insurance company draws up an endorsement to modify the contract, it may collect additional accessories. In the absence of any indication to the contrary, the contract takes effect upon its formation. The contract can be formed but the taking effect of the guarantees can be postponed either to an agreed date, or to a formality: signature of the policy, or often, payment of the first premium, because the insurer wants to be sure of have been paid before guaranteeing.

Finally, if the insured does not receive any information on this subject, he can terminate the contract at any time, without notice or penalty. These provisions only concern contracts guaranteeing individuals outside their professional activity. They are also not applicable to life insurance or group contracts. Changes required by law The modification request must be made by registered letter. The Insurance Code provides specific rules concerning the acceptance of the insurer.

Insofar as his request does not concern a life insurance contract, the insured may consider it accepted if the insurer does not refuse it within ten days. In other words, the silence of the insurer signifies his acceptance. A refusal by the insurer to reduce the amount of the premium authorizes the insured to terminate the contract. Termination takes effect thirty days after the denunciation made by the insured. It should be noted that these provisions are not applicable to life insurance, and to health insurance when the state of health of the insured is modified.

Termination at maturity With the exception of contracts taken out for a fixed term, insurance contracts are automatically renewed. In accordance with the provisions of the Insurance Code, the insured may request the termination of his contract no later than two months before its expiry date, except for health insurance contracts, for which this period may be different. If the contract taken out is indexed, the expiry notice probably includes the amount of the index. The index chosen is generally an index external to the insurance, but it remains linked to the risk: index of the cost of the building for the insurance of the dwelling, price of the day of hospitalization for the health insurance... Indexation makes it possible to automatically readjust in the same proportion the amount of the contributions and that of the guarantees. It is desirable, especially for the insurance of property whose value increases over the years.

Without indexation, very quickly the sums insured would no longer correspond to the value of the goods guaranteed because of the depreciation of the currency and the rise in prices. The indemnity paid to the insured would then be reduced. If the increase is linked to a reminder of contributions, only mutual insurance companies with variable contributions have the right to send reminders of contributions to their members. The legal form of an insurance company is indicated in the header of the documents given to the insured, below the name of the company, with the mention "variable contributions" or "fixed contributions". Reminders of contributions are decided by the board of directors of the company. They apply to a given exercise.

All the people who contributed that year must pay the reminder, even if, since then, they are no longer members. If the increase is linked to the index, the principle of this increase has been accepted by signing an indexed contract. To verify that the increase does not exceed the increase in the index, simply perform the following operation:

With regard to certain compulsory insurance, in particular automobile civil liability, the insurer must issue an insurance certificate proving that the insured has complied with the insurance obligation. In the case of insurance guaranteeing the repayment of a loan (borrower insurance), the insurer cannot, on the other hand, terminate the contract due to aggravation of the risk, except under specific conditions, resulting from a change voluntary behavior of the insured (example, practice of a new particularly risky sporting activity). Insurance can be of two types: damage insurance or personal insurance.

Damage insurance covers both the damage suffered by the property and the payments to which the insured is liable when he is held liable for having caused the damage. Personal insurance covers events that affect the insured himself or the beneficiary (health, death, disability, unemployment, etc.). If the premium is not paid on time, the insurance company will send a registered letter called formal notice. Thirty days later, the guarantee will stop. This period is calculated from the day of posting of the registered letter. The insurance company may sue the insured to obtain payment of the premium, even if it terminates the contract ten days after the expiry of the thirty-day period, as permitted by law.

New warranties are sometimes required by law. In this case, the insured cannot refuse them (for example, the guarantee of natural disasters, the guarantee of material damage resulting from acts of terrorism and attacks). Since January 1, 2015, certain insurance contracts (car, motorcycle, home as well as complementary insurance for travel or property such as a mobile phone) can be freely canceled at any time after one year of engagement. If the payment of the contribution was made more than thirty days after the sending of the letter of formal notice: either the contract has not been terminated, and the guarantee then starts again the day after noon of the day on which the contribution been settled; or the insurer has terminated the contract, and the guarantee ceases at the earliest on the 41st day after the letter of formal notice is sent. In this case, the payment of the contribution, which remains due in full, will not put the contract back into force. The insurer is at the origin of a proposal for modification When the insurer proposes to review the provisions of the initial contract, it must in all cases obtain the agreement of the insured.

This agreement is materialized by an addendum. The insured may, however, refuse the proposed modifications. The insurer must then maintain the initial guarantee conditions.

On the other hand, he retains the option of terminating the contract on the following annual due date. If the increase is linked to the addition of new compulsory cover, the increase which sometimes accompanies it is self-imposed (eg natural disaster cover). Similarly, since the law of September 9, 1986, all property contracts automatically include coverage for material damage resulting from acts of terrorism and attacks. If the insurance proposal does not bind the insured, on the other hand, the answers to the questions must be exact because when the contract is formed, it will be on this basis that any false declarations which lead to penalties will be assessed. If the increase is linked to the application of a malus (car insurance), the increase results from the bonus-malus clause provided for in the contract.

It does not in itself constitute a reason for termination. The insurance contract has the following characteristics: it is consensual (resulting from an agreement of will), random (its realization is subject to the occurrence of an uncertain event), synallagmatic (creating reciprocal obligations between the insurer and the insured), membership (drafted by the insurer), against payment (subscribed against a premium), successive (it is staggered over time), regulated (subject to the Insurance Code). The risk that is covered is defined by the parties, generally by general conditions and specific conditions. The risk must be beyond the control of the parties.

Events that are certain, impossible or dependent on the will of the insured are not insurable. The insured is free to use the compensation paid by the insurer as he sees fit, unless otherwise provided in the contract. This principle is validated by consistent case law in this area. Contrary to popular belief, the insured has no obligation to use it to replace the property or to repair the damage that is the subject of the claim. However, if the rule is that the insured is the only one to decide on the use to be made of the indemnity, the contract or the law may provide otherwise.

Thus, for construction damage insurance, article A.243-1 of the Insurance Code provides that the indemnity must be allocated to the repair of the building. This exception is imperative in the event of a natural disaster. Article L.121-17 of the Insurance Code expressly provides that compensation paid for damage caused to a building must be used to restore it. The insurer cannot force the insured to pay his premium. On the other hand, for contracts with periodic contributions, he must send a registered letter, at the earliest within ten days, after the due date, to indicate that, in the absence of payment within forty days, the contract will be reduced or terminated. A reduced contract continues until its term with weaker guarantees.

Even when the new situation does not constitute an aggravation of risk, the insured retains the possibility of declaring it to his insurer. In the event that, for the calculation of the contribution, the insurer has taken into account certain circumstances mentioned in the contract and that these come to disappear, the amount of the contribution must be reduced. If the increase is linked to a change in taxes, these may vary by legal or regulatory decision. This increase is binding on everyone and does not give rise to termination. Health and professional insurance contracts may not be terminable each year: another termination frequency is then indicated by the contract. The insurer may have to draw up a provisional contract, either while waiting to study the risk in more depth, or while waiting for the establishment of a definitive contract.

He then issues a document called a cover note. It is terminated by the establishment of the final contract. If the contract is not concluded, it ceases to have effect on the scheduled date. Taxes are sums paid by insurers to the public treasury. They vary according to the risks covered: 30% for the fire risk of individuals, 9% for water damage, etc. The compulsory car insurance tax (18%) is increased by certain contributions (to Social Security, to the Guarantee Fund). All taxes are calculated on the basis of the net contribution, including costs or accessories.

Termination takes effect one month after the insurer has received notification. The insurer is required to reimburse the premium corresponding to the period which is no longer insured within thirty days from the date of termination of the contract. To terminate, the insured must send a request by registered letter before the start of the notice of termination which appears in his contract. The acknowledgment of receipt is not mandatory, but it is the only way to be sure that the insurance company has received the cancellation request. If the contract was replaced during a modification request, the expiry date and the notice to be taken into account are written on the last contract.

If the deadlines have not been respected, the contract is not terminated and the contribution for the coming year remains due. During the course of the contract, modifications may be proposed by the insured or the insurer who wishes to change the terms of the initial agreement, or may result from new circumstances which affect the risk declared at the outset. In all cases, the procedures for modifying the insurance contract are regulated by law.

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