Activity damage

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Activity damage is a term from insurance law, also called processing damage. It concerns liability insurance in the private and professional / commercial sector.

An occupational damage or processing damage is damage that has been caused by a professional or commercial action. For example, there is a loss of activity when a pizza supplier moves things at the customer's in order to create space on the shelf to place the pizza boxes , and the things are damaged in the process.

In the past, private liability insurances have regularly ruled out claims for damage caused by work (§ 4 No. I, 6. b AHB). However, the effectiveness of these exclusions has been limited in various ways by court decisions. Newer insurance tariffs may offer insurance cover with little or no exclusions.

In business liability insurance , it is also possible to exclude occupational damage / processing damage. What exactly falls effectively under the delimitation of the exclusion clauses has been the subject of various court judgments. In addition, the sums insured offered for occupational damage are often considerably lower than the sum insured to be agreed for other types of damage. This is partly explained by the interest of the insurer not to participate in the entrepreneurial risk of the company, which is obliged to be careful when dealing with third-party property . However, it is not in the interests of the entrepreneur to only receive insurance cover in an inadequate amount for damage caused culpably (but not with gross negligence or willful intent ). Business liability insurance providers offer different tariffs to increase the liability cover for damage to activities / processing damage to more realistic amounts by concluding additional modules or clauses. This is often offered in the building trade (main and secondary construction) in particular; however, the premiums for this are very different.

literature

  • Carlheinz Mikosch: Industrial insurance: A tour through the insurance jungle. Springer-Verlag, 2015, ISBN 3-322-90891-7 , p. 109.