Gross negligence: questionable jurisdiction

Tuesday, May 12, 2015 Veröffentlichungen

Column by Lars Winkler for 

In 2009, the legislator overturned the so-called “All-Or-Nothing-Principle” which until then left policy holders acting recklessly empty-handed. Since then, the insurer has to compensate for at least a part of the loss in case of gross negligence.

Unfortunately, the reform fails to have the desired effect. Assuming false standards, courts more and more often come to the conclusion that the policy holder caused the insured event recklessly and the insurer has not to cover the entire damage.  


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