Home and landowner liability insurance

The home and property owner's liability insurance (also known as home and / or property liability insurance ) protects the home and property owner from the financial consequences if, on the basis of statutory liability provisions under private law, he as a home and property owner violates his obligations by a third party due to persons - and / or damage to damages is claimed.

Liability

Liability is the obligation to pay damages to third parties. According to the statutory provisions (e.g. § 823 BGB ), everyone must be responsible for unlimited damage that they have caused culpably (i.e. negligently). The house and landowner, who can be the owner, tenant, leaseholder or beneficiary, has to pay for damages to third parties that have been caused by a breach of his duty to maintain safety (e.g. structural defects or breach of the obligation to clear and litter).

Anyone who neglects the due diligence required in traffic is guilty. ( Section 276 (2 ) BGB).

Insurance benefit

The insurance service consists in checking whether the policyholder is responsible for the damage incurred (passive legal protection ), fulfills the justified claims and defends against the unjustified claims, if necessary also 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 home and landowner (see above) is insured as a natural and / or legal person. Also insured are all persons who work on his behalf within the framework of an employment contract, e.g. B. cleaning, lighting, administration and garden maintenance. This also applies to people who work free of charge for the home and landowner.

Types of damage

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

Personal injuries include medical treatment costs, hospital costs, costs for domestic help and compensation for pain and suffering .

Property damage includes repair costs, replacement costs, renovation costs and depreciation. Compensation is always based on the current value, because the damaging party is only obliged to restore the condition that would have existed if the damage had not occurred ( Section 249 of the German Civil Code).

Financial losses are also compensated if they are the result of an insured personal injury or property damage, for example: loss of earnings, loss of use, reduction or loss of profit.

If the injured party culpably contributed to the occurrence of the damage, complicity will be taken into account ( § 254 BGB).

Scope of insurance

The house and property risk is insured. This also includes plants, trees and ponds; the use of implements such as lawn mowers and snow plows; the legal liability of the owner that the tenant or lessee has contractually assumed.

Claims arising from the breach of obligations incumbent on the policyholder are insured. z. B. winter service, structural maintenance, lighting and cleaning.

The insurance also covers construction work to a limited extent as well as property damage from domestic sewage that occurs in the building and damage from backwater from the street sewer.

In the case of apartment owners' associations (WEG), the WEG is the policyholder. Statutory liability from joint ownership is insured here. Also insured are the legal liability of the administrator and claims of an apartment owner against the administrator and / or against the WEG, as well as mutual claims of apartment owners, insofar as they were active in the interest and for the purposes of the community. Damage to joint, special and partial property is excluded.

Insurance conditions

General Insurance Conditions for Liability Insurance (AHB)
Special conditions for home and landowner liability insurance
Clauses and individual agreements