Annex activity sheet E42 BTS Insurance

Activity description :

Client File

Client : Mr. PIERROT Géralde
Age : 61 years
Gender : Male
Marital status : Married
Professional situation : Retired
Landline : 03 33 44 22 11
Mobile : 07 66 77 88 99
Email : geraldineepierrot@gmail.fr (email address of his daughter as he is under guardianship)
Contact : By mail
Driver’s license : B category
Client status and seniority : Member since 2014
Contract involved in the claim : Life insurance
Policy supporting the activity: Multisupport RES Contract
Life insurance contract, with the possibility of investment in an euro fund or unit-linked accounts
Mr. Pierrot’s contract: 100% in the euro fund subscribed on 17/02/2014
Value at the time of his death: €32,745.32
Other contracts in the portfolio: The wife of this client holds an active life insurance contract

Specific Conditions

Claims management

Circumstances of the event causing the claim

– On December 1, 2019, Mrs. Pierrot sent us the death certificate made in her husband’s name by mail, so that we could process the file
– Search for the contract in the database to notify Mr. PIERROT MANINA’s death
– Send a letter to the wife, informing her that following the death of our policyholder, she was designated as the contractual beneficiary. In this letter, I explained the procedure to follow to access the capital due to her. I also informed her that she had two options:
Request the payment of the capital to her bank account;
Or request the payment of the capital onto her ongoing life insurance contract.
Her choice will be recorded on the beneficiary questionnaire, which, from December 10, 2019, must be completed by the beneficiary, providing their tax and patrimonial information along with their choice of payment.

Guarantee conditions / eligibility of declaration

According to Article L113-2 of the Insurance Code, the insured has 5 working days to declare a claim, except that for insurance the last paragraph states that the provisions regarding deadlines do not apply to life insurance.
“The provisions mentioned in items 1°, 3°, and 4° of this article are not applicable to life insurance”

Expert’s mission

No expert is commissioned

Convention possibly used

No convention is used

Settlement procedure

Steps of the settlement process:
• Receipt of the death certificate;
• Analysis of the beneficiary clause;
• Tax control;
• Settlement.
The death certificate was received by mail. Mr. subscribed to a multisupport RES contract on 17/02/2014. At his death, his contract was valued at €32,745.32. In his membership application, he chose the Type 1 clause: “spouse, failing that children, failing that heirs.” We know that his wife is still alive, so according to the clause he subscribed to, he will be the full beneficiary (100% of the capital) of the contract.

Calculation of the compensation

Regarding taxation :
• Mr. was not yet 70 years old. Consequently, the contract is not subject to Article 757B of the CGI.
• Mr.’s contract falls within the scope of Article 990-I of the CGI. Therefore, the insurer must determine the taxable amount, which is calculated not on the capital gains but on the total amount of death benefits paid, i.e., €32,745.32. However, his contract will not be taxed for two reasons:
• The value of his contract is below the exemption threshold of €152,500.
• Since the heir is his spouse, the Tepa law provides that in such cases, the life insurance contract is not taxed upon the death of the policyholder.
The indemnity due to the spouse of the insured and beneficiary of the contract is the amount of the contract, that is €32,745.32.