What is the waiting period in an insurance policy?

It is the time that has to pass from when the insurance is taken out until a particular cover starts to apply, even though the premiums are already being paid. It is common in private medical insurance, for example for operations or childbirth, in funeral insurance or in rent guarantee insurance. If the waiting period (“periodo de carencia”) cuts back a main cover that you could expect from day one, it is a clause limiting the rights of the insured and can only be applied to you if it is highlighted and you signed it separately. That is what the “Tribunal Supremo”, Spain's Supreme Court, held in April 2026 about a 90-day waiting period for heart attacks in a life insurance policy.

Alburquerque Abogados

José Manuel Alburquerque

Where they are found

  • Private medical insurance. For hospital stays or operations, often around six months. For childbirth, eight to ten. Necessary emergency care should not be left out because of the waiting period, since the law does not allow the policy to exclude it.
  • Funeral insurance. Sometimes, for death from illness in the first few months.
  • Life insurance. By law, suicide during the first year, unless the policy says otherwise. Sometimes certain illnesses as well.
  • Rent guarantee insurance. For non-payment occurring in the first few months after the policy is taken out.

When it is valid and when it is not

  • In private medical insurance, a clear and reasonable waiting period can be a normal part of the contract.
  • When it cuts back a main cover in a surprising way, such as heart attacks in a policy that expressly covers them, it limits the rights of the insured. It must be genuinely highlighted and accepted with a specific signature. One bold phrase lost in a text full of bold type is not enough.
  • If it does not meet those requirements, it is disregarded and the insurer pays as if it did not exist.

Before taking out a policy or changing insurer

Before taking out a policy, ask about the waiting periods and get them in writing. Do not confuse them with the excess, which is the number of days or the amount you have to bear yourself. If you change insurer, ask the new one not to apply waiting periods to what you already had covered with the previous one. Many agree to this.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.