Grossly negligent causation of an insured event – reduction of the insurance payment down to zero only in exceptional cases

Friday, November 18, 2011 Veröffentlichungen

Article by Christian Drave in Versicherungspraxis 11/2011

The Federal Court of Justice decided with its judgment of 22 June 2011 that an insurer can be entitled to refuse insurance payment in total only in very exceptional cases when the insured event was caused with gross negligence by the insured. If the gross negligence is though on the verge of being slight negligence, the insurer might, in exceptional cases, be obliged to make the complete insurance payment.


PDF icon Download full article as PDF