For the purposes of applying article L. 561-8 of the Monetary and Financial Code to life insurance or capitalisation contracts, where the insurance undertaking is unable to meet the obligations set out in articles L. 561-5 or L. 561-5-1 of the same code, it shall carry out a new assessment of the risks associated with the contract and the reasons why it has not obtained the information necessary to meet these obligations from the customer.
It warns the policyholder by sending him/her a registered letter or an electronic registered letter with acknowledgement of receipt. In this letter, it informs the policyholder that it is suspending operations relating to the contract and that it will be obliged to terminate the contract on expiry of a certain period. It sets this period, which may not be less than three months, taking into account its up-to-date knowledge of the business relationship, in particular the reasons mentioned in the first paragraph, the assessed risk and the need to terminate the contract within a reasonable period if it is still unable to meet the aforementioned obligations. It shall send a copy of this letter, where applicable, to the secured creditor, by registered letter or by electronic registered letter with acknowledgement of receipt.
On expiry of the period stipulated in the previous paragraph, if the customer has not provided the necessary information, the insurance undertaking will either:
-either terminate the contract, confirming this to the policyholder by registered letter or by electronic registered letter with acknowledgement of receipt. This gives rise to payment of the surrender value, calculated on the date of cancellation;
-payment of the death benefit to the beneficiary in the event of the death of the insured prior to termination.