When the bank charges an old lady for two home insurances… for 20 years

We were contacted at [email protected] by the family of an old lady who paid twice for her home insurance for 20 years.

Two home insurances for the same apartment… for 20 years. Eric wrote to “RMC is committed to you” ([email protected]) in February, after realizing that his late mother-in-law Geneviève was paying two home insurances from the LCL bank. 257 euros and 339 euros, or 596 euros of home insurance per year paid for 20 years for a small F2 apartment. Obviously, Eric immediately contacts the bank.

“How can a lady who does not look at the accounts, who trusts, see that there are two subscriptions? She is a woman who lived. We stole her, we took advantage of her for 20 years without qualms. They told us that they noticed this state of affairs and that they were sorry, and that they were going to reimburse us for two years, according to the insurance code.

Does the bank have the right to reimburse only the last two years?

In fact, the bank bases itself on the Insurance Code, in which it is written that “all actions deriving from an insurance contract are prescribed by two years from the event which gives rise thereto”. So theoretically, it respects this code.

Except that all is not lost. Lawyer Emma Léoty has taken a close look at the file and she thinks that it is quite possible to win the case because LCL has failed in its duty to advise.

“This situation is perfectly abnormal. This person has the possibility of engaging the responsibility of the insurer who, clearly, is at fault. He should never have had two contracts signed which have the same object. He failed in his duty of information, advice, to the person who died. This gentleman has the possibility of asking for damages and it will be up to the justice to decide.

And following our intervention, the LCL bank, which we contacted, called Eric back to offer to reimburse him for five years of insurance. But Eric claims reimbursement of the full amount and plans to go to court. The bank promised to come back to him with a new proposal by the end of the week.

Marie Dupin, Anne-Lyvia Tollinchi, Joanna Chabas

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