Your broker filled in your health questionnaire: what it means

Terms used

• Agente de seguros exclusivo — The agente de seguros exclusivo is a tied agent who sells and acts for one insurer only.
• Corredor — The corredor is an independent insurance broker who acts for the client, not for an insurer.
• Burofax — A burofax is a postal service that proves the content and delivery of a letter, often used for formal notices.
• DGSFP — The DGSFP is Spain's insurance regulator, where you can file complaints about insurers and intermediaries.

Key rules

• Your responsibility: You are generally bound by the answers in a questionnaire you signed, even if a broker filled it in.
• Insurer's deadline: If the insurer finds an omission or inaccuracy in your answers, it has one month to propose a change or end the policy.
• Proof: What you told the intermediary decides many disputes, so keep messages and copies.
• Corrections: Correct errors in writing, with proof of delivery, ideally before any claim.

You are generally still bound by what you signed

If a broker or agent completed your health questionnaire, you are generally still responsible for the answers. The duty to answer honestly and completely falls on you, the policyholder, not on the person who typed the form. Signing it makes the answers yours.

Courts can soften this. If the intermediary filled in the form wrongly and ignored what you said, or you signed without ever being asked the questions, a court may find you acted without malice or serious fault. That can stop the insurer from refusing to pay. The result depends on proof of what you told the intermediary, and courts vary.

Why the type of intermediary matters

• Tied agent (agente de seguros exclusivo): works for one insurer. What the agent knew can count as known by the insurer, which can help you.
• Independent broker (corredor): works for you. Their mistakes weigh on your side, but you may have a claim against them.

The decision block below helps you see where the risk lands in your case.

If you spot a wrong answer, correct it

Correct it as soon as you can, ideally before you make any claim.

1. Gather your copy of the signed questionnaire and any messages showing what you told the broker.
2. Get advice from a lawyer or your broker on how to word the correction.
3. Write to the insurer with the correct information in a way that leaves proof: burofax, registered letter or the insurer's formal channel. Ask it to amend the questionnaire and the policy.
4. Keep copies of everything, including every reply.

After your correction, the insurer can accept it, adjust the premium or exclusions, or end the policy. It has one month to do so. Correcting voluntarily and promptly counts in your favour if anyone later asks whether you acted with malice or serious fault. The trade-off is that the insurer may change your terms or end the policy.

Claiming against your broker

Intermediaries are liable for damage caused by their errors or negligence, and they must carry professional indemnity insurance. If a wrong answer gets your claim denied, you can claim against the intermediary or its indemnity insurer. You must show three things: they were at fault, you suffered damage, and one caused the other. You can also file a complaint with the insurance regulator (DGSFP). With a tied agent, the insurer is also liable for the agent's acts.

Keep any messages, emails or notes that show what you told them. They are your main proof.

Choosing between options

Who carries the risk of a wrong answer your intermediary wrote down?

• You carry it: You signed the questionnaire and the mistake is in what you confirmed. You are generally still bound by what was signed, even if someone else filled it in.

• You carry it, with a claim against your broker: You used an independent broker (corredor), who acts for you. The broker's error counts on your side, but you may be able to claim compensation from the broker.

• The insurer may carry it: You used a tied agent (agente exclusivo) who acts for the insurer, or you can show the form was filled in against what you said, or you were never asked the questions.

Start from the fact that you are bound by what you signed. Then the type of intermediary and your proof of what you told them decide whether the insurer or the intermediary shares the cost.

Timeline and deadlines

• Gather your copy of the signed questionnaire and any messages showing what you told the broker: as soon as you notice the mistake

• Get advice from a lawyer or your broker on how to word the correction: before you notify the insurer

• Send the insurer the correct information in writing, by burofax, registered letter or its formal channel, and ask it to amend the questionnaire and the policy: as soon as possible, ideally before any claim

• Wait for the insurer to accept the correction, adjust the premium or exclusions, or end the policy: within one month of the insurer finding the inaccuracy

• Keep copies of the questionnaire, your correction and every reply: from the first step onwards

Confirm the timing and the best way to notify with a lawyer or your broker before you write to the insurer.

Frequently asked questions

Does it matter whether I used a tied agent or an independent broker?

Yes, the type of intermediary changes who carries the cost of a mistake. A tied agent (agente exclusivo) acts for the insurer, so what the agent knew can count as the insurer's knowledge. A broker (corredor) acts for you, so the broker's mistakes weigh on your side, with a possible claim against the broker.

What if the broker ignored what I told them or I never saw the questions?

Yes, this can help you, but only if you can prove what you said.

Can I claim against my broker if a wrong answer causes my claim to be denied?

Yes, an intermediary is liable for damage caused by errors or negligence in their work. You must show the intermediary was at fault, that you suffered damage such as a denied claim, and that one caused the other. You can claim directly or through the intermediary's professional indemnity insurer, and you can also complain to the DGSFP, Spain's insurance regulator.