RMACHADO GROUPINSURANCE INTERMEDIARY

Practical guide · Health insurance and contract formation

No answer to my health-insurance application after 14 days: does silence mean acceptance?

Sofia Lobo sent a health-insurance enquiry and has no decision. After two weeks, she asks Clara Mota whether she already has insurance. In this fictional story, Clara starts with the document submitted: asking for a price and presenting a complete application to the insurer are different steps.

By RMACHADO GROUP · · 3 min read

THE ESSENTIALS

Before you start

  • Fourteen days do not automatically run from any submitted form.
  • The rule requires individual insurance, a natural-person policyholder and an application presented as legally specified.
  • Contract formation, cover inception and eligibility of an expense are separate checks.

What the 14-day rule requires

Article 27 of Portugal’s Insurance Contract Law provides for an individual policy to be concluded on the proposed terms where the policyholder is a natural person and the insurer remains silent for 14 days after receiving an application meeting the stated requirements. It must use the insurer’s form, be duly completed, include the required documents and be delivered or received at the indicated place.

The rule can also apply to another method authorised by the insurer if its instructions about the necessary information and documents are followed. A generic contact or quotation form does not itself establish those requirements. Joining an employer’s group scheme is different from this individual insurance.

Sources: Diário da República — RJCS, artigos 27.º, 42.º, 58.º–59.º, 176.º–177.º e 215.º completos; consolidação em vigor, última alteração 17/03/2026, lida 02/11/2026 ↗

Find complete receipt, rather than just the first submission

Sofia keeps the application, the requested-document list and delivery evidence. Clara asks what was received, by whom, on which date and whether documents or clarifications remained outstanding. Do not automatically count from the first email.

Article 177 allows contract formation to depend on a health declaration and medical examinations for risk assessment. That does not mean any delay defeats the silence rule; it means the application’s completeness and the requirements actually communicated must be established. Medical information belongs only in the appropriate channel, rather than on social media.

Sources: Diário da República — RJCS, artigos 27.º, 42.º, 58.º–59.º, 176.º–177.º e 215.º completos; consolidação em vigor, última alteração 17/03/2026, lida 02/11/2026 ↗

An exception prevents a universal conclusion

Article 27(4) excludes this effect of silence if the insurer proves that it never concludes contracts with the proposed characteristics, without prejudice to possible civil liability. The article also makes a contract concluded this way subject to the insurer’s conditions and tariff in force on the conclusion date.

Two elapsed weeks therefore cannot settle a dispute on their own. Ask for a reasoned answer about the application’s status and relevant requirements. If receipt, the deadline or the legal effect is disputed, seek appropriate help while preserving the original evidence.

Sources: Diário da República — RJCS, artigos 27.º, 42.º, 58.º–59.º, 176.º–177.º e 215.º completos; consolidação em vigor, última alteração 17/03/2026, lida 02/11/2026 ↗

Having a contract does not decide payment for an appointment

Article 42 permits the parties to set the cover-start date, without prejudice to article 59, which requires prior premium payment for cover under the applicable regime. Even where contract formation by silence is disputed, check inception, payment, waiting periods and the benefit’s scope. Fourteen elapsed days are neither treatment authorisation nor evidence that an expense will be reimbursed.

Clara helps Sofia frame a clear enquiry identifying the application, complete-receipt date, contractual status and inception date being applied. For an existing process, use Policy support and claims. To compare future protection at RMACHADO, choose Health insurance under Request a quote. That new enquiry does not confirm an earlier application or activate cover.

Sources: Diário da República — RJCS, artigos 27.º, 42.º, 58.º–59.º, 176.º–177.º e 215.º completos; consolidação em vigor, última alteração 17/03/2026, lida 02/11/2026 ↗

KEEP THESE QUESTIONS

Your checklist for the next conversation

  • Distinguish contact, quotation, individual application and group membership.
  • Keep the application and instructions about documents and delivery.
  • Establish complete receipt and preserve the reply sequence.
  • Check contract formation, inception, payment and expense conditions separately.

FROM THE ARTICLE TO YOUR SITUATION

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Sources and transparency

Content updated on .

Consultation dates are stated in individual references when available.

Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.

Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.