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So many expat posts on Spanish Facebook communities screaming that they emailed the Insurance company requesting cancellation and despite this the policy renewed.
In Spain when you enter a contract and want to end the contract then you need to make sure you give the correct notice to terminate it.
Obviously there will be a clause stating stating if a notice can be given mid term. The majority of Insurance contracts in Spain specifically state that NOTICE CANNOT be given to end the term mid contract. When I moved to Spain nearly 20 years ago all insurances required minimum 3 months notice before the end of the term and the Spanish Financial Services regulations upheld this.
It changed 10 years later to two months notice before the expiry date and now it is accepted that we can serve one months notice before the expiry date to terminate the contract.
I learned the hard way about terminating a Spanish contract.
Just under 16 years ago I had an office on a 7 year lease. I paid rent each month and sent the tax on the rent each Quarter to the Tax authority (Hacienda) and never missed a payment. The rent was expensive so I looked at down sizing to a smaller unit. I sent the owner an email 6 months before the lease ended saying I would not continue the lease and would hand the keys back. On the final day I handed the unit back to the owner clean freshly painted. End of story you would think ?
Well 6 months went by and the tax office wrote to me asking why I had not paid the tax on the rent.
I replied explaining that the 7 year lease had ended and I had given the owner the keys back and there was no rent to pay. The tax office replied stating that they had asked the landlord to see my termination notice. The landlord had sent them my email confirming 6 months in advance that I would not renew. The tax office informed me that my termination notice was not valid and I had to pay 6 months of tax on rent (that wasn`t due) at 198€ a month. I took it to my Spanish lawyers and they confirmed that in SPAIN to terminate a contract you need to do so with a written contract with your signature on it. I paid 6 months x 198€ and then received a 64€ per month late payment fine.
The lawyers told me that technically in law the owner could also invoice me for rent up-to the date I finally submitted a letter attached to my email with a signature on it.
SO IT IS NO DIFFERENT FOR TERMINATION OF INSURANCE.
PROCESS TO TERMINATE AN INSURANCE POLICY.
The contract is between you and the INSURER so service of your notice must go direct to the insurer not a broker or an agent. However if you have a broker or agent no harm copying them in as proof of sending.
To CANCEL you-:
Email customer services - Make sure full names of insured and policy number on the email.
Attach to the email a letter your address and DATE on it confirming you want to cancel and SIGN IT
Attach for proof its you(SECURITY) a copy of passport or TiE.
Most insurers will have an AUTOMATED RESPONSE email that you cannot reply to but most will provide you with a CRM number(customer relationship manager number your proof of service.
For us as an agent for many customers we send this information out as standard but we also ask our customers giving notice to copy us in. When wee receive our copy we check it for errors and if it is all correct we also forward it on to our area office so there can be no doubt of service.
We suggest you adopt this process for termination of all Spanish contracts be it water, telephone, home security , commercial leases and home rental contracts.
HAVING THAT SIGNATURE MATTERS.
Francis Payne
Tailor Made Healthcare Spain.
Insurance Agent.
+34 956 777 905