Did your bank sneak a single-premium life insurance policy into your mortgage? The Supreme Court has ruled the practice abusive
Spain's Supreme Court rules single-premium life insurance tied to mortgages is abusive. If you signed one on the Costa del Sol, you may be owed money back.
Did you sign a mortgage with a bank years ago and find yourself saddled with a life insurance policy, with nobody properly explaining what you were actually paying for? If you're in Marbella or anywhere along the Costa del Sol and this rings a bell, read on. The Supreme Court has just handed down a ruling that could affect you directly.
What is a financed single-premium life insurance policy?
When certain banks granted mortgages, they required their customers to take out a financed single-premium life insurance policy. It sounds technical, so let us put it plainly: instead of paying for the insurance annually (as is normally the case), the customer paid the entire amount upfront in one lump sum — sometimes 20,000, 25,000 or even 30,000 euros.
That sum was added to the mortgage loan and financed alongside it. In other words, not only were you paying for the insurance itself, you were also paying interest on it. And almost invariably, the insurer was the bank's own — with no option to choose a different company.
To make matters worse, that cost was not reflected in the APR — the indicator that shows the true cost of a loan. You were, in effect, paying far more than you realised, without even knowing it.
What the Supreme Court has now ruled
The ruling is unambiguous: this practice is abusive. Full stop. Imposing the insurance is abusive. Denying you the right to choose your own insurer is abusive. Failing to offer a more affordable alternative — such as annually renewable premiums — is abusive. And concealing the true cost within the APR is equally so.
This decision unifies the approach taken by courts across the country, bringing much-needed legal certainty. Most importantly for you: it requires the unearned portion of the premium to be refunded, with interest.
What does this mean for you?
It means that if you took out a mortgage with an insurance policy of this kind, you may be entitled to recover money. And in any case, the life insurance tied to your mortgage is not the bank's decision to make — it is yours.
You have the right to compare policies, choose whichever insurer you wish, and take out the type of cover that best suits your actual circumstances. If you'd like a clear explanation of what life insurance does and doesn't cover, our guide to what a life insurance policy covers lays it all out in straightforward terms.
And if you're unsure whether your current policy still reflects your situation, this is well worth reading too: does your life insurance still reflect your life today? A change of job, having children, paying off debt — all of these should be reflected in your policy.
This is precisely why insurance brokers exist
An insurance broker works for you, not for the bank. We provide independent advice, with no ties to any particular insurer and with all the information laid out transparently.
If you have a mortgage with a single-premium life insurance policy attached to it, come and speak to us. We'll review your situation, walk you through your options, and help you arrange a life insurance policy that genuinely fits both your needs and your budget. You may well be pleasantly surprised.
Does your life insurance still protect what matters today? Message us and we'll review it with you.
We're independent insurance brokers in Marbella. We compare the best options for you at no cost.