Right of withdrawal

What is the right of withdrawal?

The right of withdrawal gives you 14 days to reconsider after an insurance application. During this time you can take back your application or your acceptance without giving reasons and, as a rule, without costs. The right is set out in Art. 2a of the Insurance Contract Act (ICA) and has applied since the revision that came into force on 01.01.2022.

In health insurance, the right of withdrawal concerns supplementary insurance: supplementary hospital insurance, supplementary outpatient insurance, dental insurance and similar products. These are private-law contracts under the ICA. There is no comparable right of withdrawal for basic health insurance under the Health Insurance Act (KVG). There, insurers are obliged to accept everyone (Art. 5 let. i KVAG), and switching is governed by the notice periods in Art. 7 KVG.

The right of withdrawal is not the same as being bound by your application. Under Art. 1 ICA you remain bound by your application for 14 days, or four weeks if a medical examination is required; if the insurer does not accept it within that time, you are free. The right of withdrawal works the other way round: it allows you to release yourself from your application or your acceptance within 14 days.

How it works

Deadline. The withdrawal period is 14 days and starts as soon as you have applied for or accepted the contract (Art. 2a para. 2 ICA). For the calculation, the ICA refers to the Code of Obligations (Art. 100 ICA). Under Art. 77 para. 1 no. 1 CO, the day the contract is concluded does not count; if the last day falls on a Sunday or public holiday, it moves to the next working day (Art. 78 para. 1 CO).

Form. The withdrawal must be made in writing or in another form that allows proof by text (Art. 2a para. 1 ICA). A letter is sufficient, and so is an email. A phone call is not enough because it does not provide proof by text.

Timeliness. The deadline is met if you communicate the withdrawal to the insurer or hand it to the post office on the last day (Art. 2a para. 3 ICA). So what counts is when you send it, not when it arrives.

Effect. Once you withdraw, your application or acceptance is ineffective from the outset (Art. 2b para. 1 ICA). Both parties must return any benefits already received: the insurer refunds premiums paid, and you return any insurance benefits (Art. 2b para. 2 ICA). You owe no further compensation. Only where fairness requires it do you have to reimburse the costs of special investigations that the insurer carried out in good faith (Art. 2b para. 3 ICA).

Exceptions. There is no right of withdrawal for collective personal insurance, provisional cover commitments or agreements with a term of less than one month (Art. 2a para. 4 ICA). Collective insurance through your employer is therefore not covered.

Information. Before the contract is concluded, the insurer must inform you about the right of withdrawal and about its form and deadline (Art. 3 para. 1 let. h ICA). If it breaches its duty to inform, you can cancel the contract; this right expires four weeks after you become aware of the breach, and at the latest two years after the breach (Art. 3a ICA).

Legal basis

The right of withdrawal is set out in Art. 2a ICA, and the effect of withdrawal in Art. 2b ICA. Both articles were added by the revision of 19.06.2020 and have applied since 01.01.2022.

• Art. 2a para. 1 ICA: You can withdraw your application to conclude the contract or your declaration of acceptance in writing or in another form that allows proof by text.
• Art. 2a para. 2 ICA: The period is 14 days and starts as soon as you have applied for or accepted the contract.
• Art. 2a para. 3 ICA: The withdrawal is on time if you communicate it or hand it to the post office on the last day.
• Art. 2a para. 4 ICA: Excluded for collective personal insurance, provisional cover commitments and contracts of less than one month.
• Art. 2b ICA: Ineffective from the outset, refund of benefits, no further compensation except, where applicable, for special investigations.

The insurer’s duty to inform you about the right of withdrawal is set out in Art. 3 para. 1 let. h ICA. Through Art. 100 ICA, the Code of Obligations applies to the calculation of time limits (Art. 77 and 78 CO).

Example: withdrawing after an advice meeting

Lea is 27. After an advice meeting, on Monday, 02.11.2026, she signs an application for semi-private supplementary hospital insurance and answers the health questionnaire. At home she compares the offers again and wants to take back her application.

What this means for you

• Do not sign under pressure. After applying, you have 14 days to compare offers. You can find an independent comparison of supplementary insurance under compare supplementary insurance.
• Only cancel your old supplementary insurance once the new one has accepted you. With supplementary insurance, the new insurer may refuse you or impose reservations because of your health. Cancelling too early can leave a gap. Read more under cancelling supplementary insurance.
• Make sure you can prove your withdrawal. Letter or email, with the date and the contract or application number.
• Keep basic and supplementary insurance apart. There is no right of withdrawal for basic health insurance. If you want to switch health insurer there, the deadlines under switching health insurer apply. You can compare premiums in the premium calculator and find the insurers under health insurers.

Common mistakes

• Withdrawing by phone. A phone call does not allow proof by text. Send your withdrawal by letter or email.
• Counting the period from receipt of the policy. The period starts with your application or acceptance, not with the delivery of the policy.
• Trying to use the right of withdrawal for basic health insurance. It only applies to contracts under the ICA.
• Trying to withdraw from collective insurance. Collective personal insurance, for example through your employer, is excluded.