Article by Alla Buchmiller in Versicherungspraxis 8/2010

In return, the insured is obliged to respect specified conditions.The obligation to fulfil the conditions ends, according to the unanimous opinion, with the final denial of indemnification by the insurer.The socalled “neither nor”-situation is though ambiguous. After the insured event has been announced by the insured, the insurer does not finally disagree nor agree with the coverage. The question relevant in practice is therefore, whether the insured must fulfil the obligations also in case the insurer does not make clear statements about coverage after the insured event occurred and the insured event has been denoted.