„Collision“ of subsidiary clauses in insurance contracts

Friday, June 6, 2014 Veröffentlichungen

Article by Dr. Anja Mayer in Versicherungspraxis 06/2014

Insurance contracts often contain subsidiary clauses. Theses clauses have the purpose to limit the insurer’s liability in case of multiple insurance.

It is questionable which insurer is liable if all insurance contracts in case of multiple insurance contain subsidiary clauses. The question depends on the subsidiary clause used in the individual case and recently caused the Federal Court of Justice to deal with the legal consequences of colliding subsidiary clauses.

The article reviews the decision and its consequences.


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