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 phone: 03 33 44 22 11
Mobile phone: 07 66 77 88 99
Email: geraldineepierrot@gmail.com (email address of his daughter as he is under guardianship)
Contact: By mail
Driver’s license: License B
Status and seniority of the client: Member since 2014
Contract involved in the claim: Life insurance
Policy type supporting the activity: Multisupport RES contract
Life insurance contract, with investment options in an euro fund or unit-linked funds
Monsieur PIERROT’s contract: 100% on the euro fund subscribed on 17/02/2014
Value at his death: €32,745.32
Other contracts in portfolio: The wife of this client holds a life insurance policy that is active

Specific Conditions

Claims Management

Circumstances of the event causing the claim

– On December 1, 2019, Mr. PIERROT’s wife sent us the death certificate issued in her husband’s name by mail so that we could process the file
– Search for the contract in the database to notify the death of Mr. PIERROT MANINA
– Send a letter to the wife informing her that following the death of our policyholder, she was designated as the beneficiary of the contract. In this letter, I explained the procedure to follow to access the capital owed to her. I also informed her that she had two options:
Request the payment of the capital into her bank account;
Or request the payment of the capital into 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 fiscal and patrimonial information and their choice of payment.

Guarantee/acceptance conditions of the 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 on deadlines do not apply to life insurance.
“The provisions mentioned in 1°, 3°, and 4° of this article are not applicable to life insurance.”

Expert’s mission

No expert is assigned

Possible used agreement

No agreement is used

Settlement procedure

Steps of the settlement procedure:
• Receipt of the death certificate;
• Analysis of the beneficiary clause;
• Tax review;
• Settlement.
The death certificate was received by mail.
Mr. subscribed to a multisupport RES contract on 17/02/2014. At the time of his death, his contract was worth €32,745.32. In his membership application, he chose Clause Type 1: “spouse, or if not, children, or if not, heirs.” We know that his wife is still alive, so according to the selected clause, he will be the total beneficiary (100% of the capital) of the contract.

Calculation of the indemnity

Regarding taxation:
• Mr. was not yet 70 years old. Therefore, 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. Consequently, the insurer must determine the taxable amount, which is calculated not on the capital gains but on the total amount of death benefits paid, that is €32,745.32. However, his contract will not be taxed for two reasons:
• The value of his contract is below the €152,500 exemption.
• As the heir is his spouse, the TEPA law provides that, in this case, the life insurance contract is not taxed in the event of the policyholder’s death.
The indemnity payable to the insured’s spouse and beneficiary of the contract is the amount of the contract, namely €32,745.32.
Information to retain in the database
The contract will be classified as closed once the transfer has been made.

Impact of the claim on the premium or contribution or on the termination