Water damage liability insurance

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The water damage liability insurance (also known as heating oil tank liability insurance for private customers) protects the owner of a heating oil tank or another system with water-polluting substances from the financial consequences if, due to legal liability provisions, he is the owner of a heating oil tank or another system with water-polluting substances from damage to waters Compensation is claimed.

Liability

Liability is the obligation to pay compensation to third parties. According to the legal regulations, z. B. § 89 Abs. 2 Wasserhaushaltsgesetz (WHG), everyone must be responsible for the unlimited amount of damage that he caused culpably (i.e. negligently) or through no fault of his own (strict liability). The owner of a system with water-polluting substances also has to pay for damage to third parties. B. caused by leaking heating oil.

Insurance benefit

The insurance's performance consists in checking whether the policyholder is responsible for the damage incurred (passive legal protection ), fulfilling the justified claims and fending off unjustified claims, if necessary in court.

The maximum compensation is based on the agreed sum insured, which is limited to twice that in the event of several claims in an insurance year.

Insured persons

The owner of the facility is insured for substances hazardous to water (see above) as a natural and / or legal person . Also insured are all persons who carry out activities (cleaning, administration, care) on the system on his behalf within the framework of an employment contract.

Types of damage

Personal injuries are damaging events that result in death, injury or damage to health of people. Of property damage is when these (matters) damaged, destroyed or destroyed.

Personal injuries include a. Medical treatment costs, hospital costs, costs for household help and compensation for pain and suffering .

Property damage includes a. Repair costs, replacement costs, renovation costs and depreciation. Compensation is always based on the current market value because the damaging party is only obliged to restore the condition that would have existed if the damage had not occurred.

Financial losses are also compensated: loss of earnings, loss of use, reduced or lost profits.

Rescue costs are also insured. These are expenses, even unsuccessful ones, that the insured could consider necessary to avert or reduce impending damage. The rescue costs also include expenses that are required to restore the condition of parts of the property and building.

Claims

  • Heating oil escapes from leaking pipes.
  • Pipelines break because the ground sinks.
  • The tank will rust and oil will leak out.
  • The result are z. B. Costs for cleaning polluted waters, costs for dredging, removing and burning contaminated soil, expert costs.

Insurance conditions

  1. General Insurance Conditions for Liability Insurance (AHB)
  2. Special conditions for water damage liability insurance or
  3. Special conditions for the heating oil tank liability insurance
  4. Clauses and individual agreements

Individual evidence

  1. ↑ 249 BGB

See also