Increased risk
The increase in risk is a term from insurance contract law .
In Germany, it is regulated in §§ 23 ff. Insurance Contract Act (VVG).
An increase in risk exists if the occurrence of damage after conclusion of the contract becomes significantly more likely or the amount of the expected damage increases significantly without the insurer being able to foresee and take into account.
An individual consideration is required. What matters is that the overall risk situation has increased. Circumstances that reduce the risk are to be contrasted with those that increase the risk in terms of the overall assessment (risk compensation). An increase in risk only occurs when the changed risk situation has stabilized at an increased level (permanent requirement). The change must create a new state of increased risk that is at least long enough that it can form the basis of a new, natural course of risk and is therefore generally suitable for promoting the occurrence of the insured event. The increase in risk begins with the beginning of a preprogrammed event in the course of which there is an increasing threat.
After submitting his contractual declaration, the policyholder may not increase the risk without the consent of the insurer, for example changing to a riskier profession or allowing a third party. He must notify the insurer of any increase in risk that is independent of the will of the policyholder. If the policyholder violates his obligations , the insurer can terminate the contract, increase the premium, agree to an exclusion of risk and be wholly or partially exempt from the benefit (§§ 24-26 VVG) in order to maintain the balance between premium income and insurance benefits.
The legal situation is similar in Austria and Switzerland.
literature
- Gregor Saremba: The increased risk in German and US insurance contract law . Karlsruhe 2010, ISBN 978-3-89952-515-1 .
Individual evidence
- ↑ Objective and subjective increase in risk As of September 1, 2006
- ↑ BGH, decision of 20 June 2012 - Az. IV ZR 150/11 paragraph. 10, 13
- ↑ Dirk-Carsten Günther, Stefan Spielmann: Complete and partial exemption from benefits according to the VVG 2008 using the example of property insurance (Part 2) r + s 2008, pp. 177–186
- ^ The increased risk in the new VVG IWW Institute, May 5, 2008
- ↑ Thomas Binder: If the PV insurance does not pay: On the concept of increased risk sun, wind & heat 12/2014, p. 78
- ↑ BGH, judgment of September 10, 2014 - Az. IV ZR 322/13
- ↑ Robert Seljak: The increase in risk according to Sections 23-31 VersVG 2012
- ↑ General Conditions (AB) for the combined household insurance Allianz Suisse Versicherungs-Gesellschaft AG, Edition 02.2013, A11 Risk increase and reduction
