🚫 Rejection and referral to another occupation in private occupational disability insurance
In brief
With an abstract referral the insurer refers in general terms to a comparable occupation, without you actually being able to do it or doing it – it is enough that such an occupation exists in theory. With a concrete referral the insurer must name an occupation that is actually reasonable, matches your previous training, experience and standard of living (Lebensstellung), and that you could demonstrably actually do.
The statutory minimum standard of § 172 VVG in principle permits an abstract referral; almost all modern policy terms and conditions, however, exclude it by contract and only allow the concrete referral. Whether a contract excludes the abstract referral follows solely from the respective policy terms and conditions, not from the text of the law itself.
Step by step
- Check the rejection letter for the referral clauseDoes it state an abstract or a concrete referral – and do your policy terms and conditions expressly exclude the abstract referral?
- Check whether the occupation named in concrete terms is reasonableDoes it match the training, experience, income and standing of your previous occupation?
- Put together your own documents and counter-argumentsProof of qualifications and an income history help to refute an unsuitable referral.
- Consider further stepsObjection to the insurer, a free complaint to the Insurance Ombudsman or a lawsuit – see the separate topic page on this.
Deadlines
- The "previous standard of living" (bisherige Lebensstellung) must be appropriately preserved in a concrete referral – a referral to a clearly lower-paid or lower-value occupation is generally impermissible, but insurers regularly try it.
- The figure circulating in the consumer press is that roughly one in five BU applications is rejected. An officially verified, uniform rejection rate could not be confirmed; the actual rate depends heavily on the individual insurer, tariff and survey year – this page therefore does not adopt the figure as established fact.
In depth · legal basis, figures and practice – for advisers and professionals
Abstract vs. concrete referral
The statutory minimum standard of § 172 VVG in principle permits an abstract referral. In contract practice, however, almost all policy terms and conditions sold since the 1990s and 2000s expressly exclude the abstract referral – what matters is therefore always the specific clause in your contract, not the law alone.
Previous standard of living as the yardstick
In a concrete referral, the occupation named must appropriately match the previous standard of living (Lebensstellung) in terms of pay, qualification and standing; for this, case law relies on an overall assessment in each individual case.
Why modern policy terms and conditions usually exclude the abstract referral
Excluding the abstract referral has for decades been a central quality feature of BU tariffs and is highlighted accordingly in comparisons and advice.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.