Insurance contract

from Wikipedia, the free encyclopedia

The insurance contract is a contract that a policyholder concludes with an insurance company (insurer) to cover an insured risk of the policyholder or an insured person against payment of an insurance premium .


In a mutual insurance contract, the policyholder who receives the insurance cover and pays the premium and the insurer who grants it act as contracting parties . The Treaty is agreed that insured risk should be carefully protected and that the insurer upon the occurrence of the insured event make payment needs. Accordingly, the insurance contract regulates the rights and obligations between the insurer and the policyholder. The most important features of the insurance contract are set out in an insurance policy ( insurance policy ).

Insurance protection is the insured risk assumed by the insurer in the insurance contract, i.e. the protection of the policyholder or an insured person against insured risks. Insured risks are those events , the occurrence of which represents an important part of the insured event according to the contract. From a legal point of view, the insurance contract obliges the insurer to bear the insured risk against payment of an insurance premium according to the risk theory . There is a transfer of risk from the policyholder to the insurer. In risk theory, the risk is characterized by the uncertainty and - in the event of occurrence - by the economic disadvantage for the risk taker. The uncertainty can relate to whether an (insured) event will ever occur (such as a flood ) or when the event will occur ( illness ). The insured risks are described in detail in the insurance contract in order to be able to distinguish them from those not insured (“specialty of risks”). The insured risk for life insurance , for example, is the death of the insured person; for fire insurance, the damage or destruction of property through various fire events (such as lightning , fire , explosion or fire ). The “underwriting risk” is the “risk and the possibility that the number or scope of the claims exceeds the extent on which the premium calculation is based”.

Insurance cover is excluded in the event of willful damage or willful breach of obligations ( Section 28 (2 ) VVG ).

Legal situation in individual states


Individual evidence

  1. Springer Fachmedien Wiesbaden (ed.), Compact Lexicon Economy , 2014, p. 586
  2. Fred Wagner (ed.), Gabler Versicherungslexikon , 2011, p. 697
  3. Fred Wagner (ed.), Gabler Versicherungslexikon , 2011, p. 697
  4. Jörg Freiherr Frank von Fürstenwerth / Alfons Weiß, VersicherungsAlphabet (VA) , 2001, p. 270
  5. Dieter Farny, Versicherungsbetriebslehre , 2006, p. 38 f.
  6. Max Gürtler, Risk and Reinsurance , in: Rudolf Lencer / Paul Riebesell / Heinrich Lippert (eds.), Deutsche Versicherungswirtschaft, Volume II, 1936, p. 445 ff.