The insurer’s obligation to instruct

Friday, July 15, 2011 Veröffentlichungen

Article by Dr. Anja Mayer in Versicherungspraxis 7/2011

Before concluding the insurance contract in Germany, a policy holder has the obligation to disclose risk relevant facts to the insurer according to sec. 19 para. 1 Insurance Contract Act (“VVG”). He must disclose all risk relevant facts to the insurer which the insurer asked for in text form.

If the policy holder violates the obligation to disclose, the insurer might, depending on the policy holder’s default according to sec. 19 para 2 – 4 VVG – withdraw from the contract (intended or gross negligent non-disclosure), terminate or adjust the contract (negligent non-disclosure).


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