Cover request
A coverage request is the request to an insurance company as to whether a certain insured event is "covered" by the insurance, i.e. whether the insurance company will cover the relevant costs.
In Germany, the obligation to register is set out in Section 53 of the Insurance Contract Act. If the policyholder fails to apply for a cover letter to which he is obliged, the insurer is not obliged to pay under Section 54 of the Insurance Contract Act, unless the policyholder has not omitted the application willfully or with gross negligence and will collect it immediately after becoming aware of the error to.
Legal protection insurance
With regard to legal protection insurance, coverage request is the request to a legal protection insurance company as to whether the legal protection insurance will cover the costs of the legal protection of interests. The cover request is usually carried out by the law firm that the policyholder wishes to hire.
Cover request costs
Strictly speaking, this is a separate mandate that is also subject to a fee. Most law firms understand the coverage request as a free service. If the policyholder only wants to commission the law firm if the legal protection insurance also pays the costs, this should be expressly agreed with the law firm in advance.
Whether the costs of the cover request are to be reimbursed by the injuring party or, if applicable, his liability insurance is judged differently in case law.
Effects of the coverage request
The cover letter is regulated in § 17 (4) sentence 1 ARB 2000 . The cover letter represents a declaration of debt by the insurer. The consequence is that the insurer can no longer contest the error due to an error . However, the insurer remains exempt from payment if the insured person provides incomplete or incorrect information and the cover letter is based on this.
Individual evidence
- ↑ Overview of jurisprudence of the Lawyers' Association ( Memento of the original dated December 14, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 72 kB)
- ↑ ARB 2000 ( Memento of the original from September 16, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Joachim Cornelius-Winkler: Legal protection insurance: a guide for practice with exercises, control questions and checklists, Edition 3, 2008, ISBN 978-3-89952-381-2 , pages 77-81, online
