Prohibition of enrichment

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The prohibition of enrichment was part of the Insurance Contract Act from 1963 to 2007 .

statement

"Even if the sum insured is higher than the insured value at the time the insured event occurs, the insurer is not obliged to reimburse the policyholder for more than the amount of the damage."

history

This optional rule was usually interpreted as a target rule. It was an important principle for determining the insurance benefit, i.e. for the payment of damage when the insured event occurs. The prohibition of enrichment did not apply in the case of a sum insurance .

By the case law around 2000 the meaning was canceled.

The paragraph expired on January 1, 2008 through Article 12, Paragraph 1, No. 1 of the law of November 23, 2007 ( Federal Law Gazette I p. 2631 ).

See also

  • BGH VersR 1996, 845 and VersR 2001, 749: "The insurer must keep what he has promised the policyholder."

Individual evidence

  1. ↑ § 55 VVG i. d. F. from 1963