Cancellation without instruction – no protection for policyholder acting with fraudulent intent

Monday, May 5, 2014 Veröffentlichungen

Article by Christian Becker in Versicherungspraxis 05/2014

Insurers need information from the policyholder prior to the conclusion of the contract in order to evaluate the risk to be taken over and to assess the premium calculation. To meet the demand for information, the legislator regulated in section 19 Insurance Contract Act (“VVG”) the policyholder’s duty of disclosure before the conclusion of the contract.

The requirements for a sanction to be imposed on the policyholder for breach of the duty of disclosure have so far been restrictively followed. A current decision of the Federal Court of Justice softens the strict requirements of the courts at least for exceptional situations.


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