Ban on regulation
In the practice of liability insurance, a regulation prohibition is an instruction by the injuring party ( policyholder ) to his insurer not to compensate opposing claims for damages or only partially.
In motor vehicle liability insurance , in particular , the policyholder may want to protect his no- claims bonus.
The policyholder is not legally entitled to this power, as the regulatory power of attorney according to A.1.1.4 General Conditions for Motor Vehicle Insurance in Germany (AKB 2015) is neither restrictable nor revocable. In addition, such a ban can also be due to the injured party having a direct claim against the insurer in accordance with § 3 compulsory insurance law have no binding effect.
According to Section 10 (X) of the older AKB - but still in force today - such a prohibition was or is extremely risky for the policyholder: was the insurer ready to settle claims , but nevertheless adhered to such a ban - despite no obligation Prohibition, the policyholder was liable for the corresponding costs, in particular also the legal costs, if he had been advised of this by the insurer beforehand. A corresponding clause is missing in the newer AKB.
Individual evidence
- ↑ Hartmut Kowalski: The policyholder's unwanted settlement of claims November 18, 2013
- ↑ Fred Wagner: Regulatory Power of Attorney Gabler Wirtschaftslexikon, accessed on July 24, 2018
- ↑ Working group conditions and fundamental operational issues of the Commission Motor Transport (KKB): General conditions for motor vehicle insurance AKB 2015 as of October 12, 2017, p. 6
- ↑ BGH VersR 65,142
- ^ No regulation prohibition in motor vehicle liability insurance vorsorgebote.de, April 5, 2013
- ^ AG Munich, judgment of September 4, 2012 - 333 C 4271/12
