Can a policy clause I did not sign be applied to me?

Question

José Manuel Alburquerque · Accepted Answer

It depends on what kind of clause it is. Those that only define what the insurance covers are binding on you if they are clearly worded and you accepted the policy. Those that cut back what you could expect from what you took out, such as a waiting period (“período de carencia”) on the main cover, a very low limit or a surprising exclusion, can only be applied to you if they are highlighted in the policy and you accepted them with a specific signature. If not, they are deemed not to form part of the policy. That is how the “Tribunal Supremo”, Spain's Supreme Court, applied the rule in April 2026 to a 90-day waiting period for heart attacks in a life insurance policy. Three kinds of clause Risk-defining clauses say what is covered, for how much, for how long and where. It is enough that they are clear and that the policy has been accepted. Clauses limiting the rights of the insured cut back what the insured could reasonably expect from what they took out. They must be genuinely highlighted, not lost in a text full of bold type or in tiny print. And they must be accepted with a specific signature. Not every waiting period limits the rights of the insured. In private medical insurance, waiting periods can be regarded as a normal part of the contract if they are clear. By contrast, a waiting period that leaves a main risk you took out without cover for a time, such as a heart attack in a life insurance policy, does limit them. Prejudicial clauses render the insurance meaningless or unjustifiably harm the insured. They are not valid even if they have been signed. What to do if it is applied to you Ask the insurer for a copy of the signed policy and of the document in which, according to the insurer, you accepted that clause. If there is no signature of yours referring to those specific clauses, or if the clause was not genuinely highlighted, claim the benefit as if it did not exist. If you took out the policy online or by telephone, the insurer must be able to prove that you saw and accepted those specific clauses. A time limit worth knowing about When you receive the policy, check that it matches what you were offered. If it does not, you have one month to ask for it to be corrected. Once that month has passed, what the policy says applies, although that does not validate clauses limiting the rights of the insured that are not highlighted and signed.