Damage event

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Fire service vehicle on September 16, 2001 in New York City following the attack on the World Trade Center

Damage (s) event is in the insurance industry , a event that a damage triggers.

General

The damaging event is an act , an omission or a natural disaster with a damaging effect on property , material entities or rights . Damage event is the event that could result in liability claims against the policyholder. In order not to have to bear the damage resulting from the damaging event himself, the policyholder has decided to transfer his risk to an insurer by way of risk transfer.

species

Depending on whether people or property are affected by the damaging event, a distinction is made:

These types of damage can occur in isolation or in combination. The latter is also due to the fact that all property damage and most personal injuries are also financial losses.

case of insurance

In order for the loss event to be relevant to insurance, it must affect insured persons or property under insurance cover . If, on the other hand, people or property are not insured , are subject to self-insurance or cannot be insured , there is no insured event. In the case of insured persons or property, according to the event principle, the insured event is deemed to have occurred at the point in time at which the loss event occurred. The loss event is in insurance law the legal basis for the claim.

Claim

The loss event is to be distinguished from the loss event , which represents the damaging effect of a loss event on certain insured persons, property or rights. In the event of damage, the damage has already occurred. The hailstorm, for example, is the loss event, the single-family house damaged as a result is the loss event. This triggers the insurer's formal and material coverage check in hail insurance . The material coverage audit includes the question of whether the insurance contract content provides coverage for the specific claim and no grounds for exclusion or service exemptions exist. A single loss event can also result in several loss events if, for example, a storm destroys two or more houses. The storm is the loss event, but each of the houses has a loss event attributable to the same loss event ( accumulation , accumulation loss ).

In particularly damaging cases, one speaks of a major loss event (gSE) or a major loss such as earthquakes , aircraft crashes , large fires , explosions , large-scale terrorist attacks , mass collisions or large-scale floods . The terms of security law “ major damage situation ” and “ catastrophe ” must be distinguished from them despite the overlap.

Legal issues

In the event of a claim, an insurance contract can be downgraded if, for example, the insurer in motor vehicle insurance makes a payment based on a claim report or sets up a provision for claims . This downgrade takes place regardless of the amount of damage and is also possible across several classes.

In order for the insurer to be exempt from providing benefits, it must be checked whether the damage occurred as a result of the policyholder's behavior and whether he caused the damage through gross negligence or even intentionally . In the case of intent, there is usually no benefit, in the case of gross negligence the insurance benefit can be reduced depending on the severity; in the event of a breach of obligations , Section 28 VVG applies .

literature

Individual evidence

  1. ↑ Fred Wagner (ed.), Gabler Versicherungslexikon , 2011, p. 192
  2. ↑ Volker Friedrich-Schmid, Law of Obligations General Part , 2016, p. 115
  3. ↑ Ernst Bruck / Hans Möller (eds.), Großkommentar VVG , Volume 2, 1980, p. 26
  4. ↑ Fred Wagner (ed.), Gabler Versicherungslexikon , 2011, p. 192
  5. ↑ Fred Wagner (ed.), Gabler Versicherungslexikon , 2011, p. 148
  6. ↑ Martin Stadler, Die Kfz-Versicherung , 2008, p. 62 f.
  7. ↑ Thomas Köhne / Manfred Lange, Marketing and Sales of Insurance and Financial Products for Private Customers , 2015, p. 414