Oncologic oblivion: its impact on insurance is substantial

Mr. Director:

On February 13, the law enshrining the right to oncological oblivion was published. It is a provision with immediate effect that will affect insurance contracts entered into as of the date of its publication.
Naturally, the law applies to the future and does not affect validly concluded contracts. But it is known that health insurance contracts are usually annual and renewable, which was not anticipated by the legislator, so it remains to be seen what will happen in the next renewals. The most complex problem is that the law does not define what should be understood by "radical treatment" or "subsequent relapse", which anticipates a significant complexity in the future interpretation of the rule.
It is well known that the law enshrining the right to oncological oblivion is based on the so-called social or mutual function of insurance. But it is well known that any mutualization entails costs, so it is very likely that life and health insurance premiums will be adjusted upwards. In addition, it is not out of the question that underwriting procedures for personal insurance will become more bureaucratic.
On the other hand, the insurer's information duties will become more demanding, which will have an impact on the necessary training of the sales force, brokers and agents, all of which will fall under the jurisdiction of consumer law.

Marcelo Nasser
Lawyer, Professor of Insurance Law