Provisional coverage
Preliminary coverage is insurance , a coverage that the insurer already before conclusion of the insurance contract and before payment of the first premium to the policyholder promised is.
General
Provisional cover can be granted by the insurer if extensive agreement has been reached between him and the policyholder on the conclusion of an insurance contract, but the final conclusion of the contract by issuing the insurance certificate still takes some time. Provisional cover is useful if insurance coverage is to begin immediately. This is the case, for example, with motor insurance, in which insurance cover is only requested after a motor vehicle has been purchased and is then to be registered as quickly as possible . However, it can also be applied for by the policyholder for all other types of insurance. Provisional cover is also possible by way of reverse insurance , but only comes into effect with a declaration to the policyholder.
history
The Reichsgericht (RG) dealt with the provisional cover as early as March 1926 . An insurer gives a cover letter in the fire insurance "if between him and the policyholder on the conclusion of an insurance contract ... as far as agreement is reached that the future conclusion can be expected, ... For this interim period the insured does not want and should not without the insurance cover stay". Provisional cover in life insurance only became possible after 1977. The Insurance Contract Act, which was in effect until December 2007, did not regulate the provisional cover. Because of its widespread use (especially in motor insurance), this was not considered appropriate.
Legal issues
Provisional cover is given with the cover letter. It is a commitment by the insurer that grants the policyholder or the insured person provisional cover before concluding an insurance contract and before paying the initial premium . It is a preliminary contract that results from Section 49 (1) VVG and is not binding on the policyholder. According to the wording of Section 49 VVG, this preliminary contract is an independent insurance contract. The general insurance conditions are included in the provisional cover letter, even if there is no explicit reference to this. The most favorable conditions for the policyholder should apply. Documentation in text form is not required for contracts on compulsory insurance . However, if motor vehicle liability insurance is taken out together with motor vehicle insurance , the text form is required because the latter is not compulsory.
This provisional cover can be transferred to a main contract (insurance contract) and then becomes part of this contract ( Section 52 (1) VVG). If the policyholder does not conclude a main contract, he has to pay a premium for the preliminary contract in accordance with Section 50 VVG . In practice, when it comes to cover commitments, the redemption clause of Section 37 (2) VVG is waived ( Section 51 (1) VVG).
In motor insurance, the temporary coverage begins on the date approval of the motor vehicle ( § 9 KfzPflVV). This is an exception to Section 1 (2) KfzPflVV, according to which insurance cover in motor vehicle liability insurance must always begin at midnight on the day for which the start of insurance is agreed.
International
In Austria , a provisional cover letter is an independent insurance contract that is intended to provide provisional insurance cover before the final risk assessment or before the contracting parties have reached full agreement (e.g. on the amount of premiums ). It is intended to be transferred to the final insurance contract, but can remain as an independent insurance contract even if the negotiations fail. Pursuant to Section 1a (2) VersVG, the policyholder does not need to be informed that the insurance contract is only concluded upon receipt of the insurance policy or a separate declaration of acceptance and that there is no insurance cover before this point in time. According to Section 5c (6) VersVG, the insurer is entitled to a premium for the duration of the provisional cover.
The Switzerland knows the temporary coverage as a separate insurance contract is concluded for a period of time and no form is bound. The provisional cover ends with the acceptance or rejection of the insurance contract by the insurer.
In the Anglo-Saxon common law , the provisional cover ( English provisional cover ) is also known.
Individual evidence
- ↑ Horst Dietz, Wohngebäudeversicherung , 1999, p. 274
- ↑ Uwe Lammers, Motor Insurance , 2006, p. 103
- ↑ RGZ 113, 150
- ↑ OLG Hamm, judgment of May 20, 1975, VersR 1976, 144
- ↑ Sven Marlow / Udo Spuhl, Das neue VVG compact , 2008, p. 131
- ↑ BT-Drs. 16/3945 of December 20, 2006, draft law for the reform of insurance contract law , p. 50
- ↑ Ute Arentzen / Eggert Winter, Gabler Wirtschafts-Lexikon , 1997, p. 863
- ^ Erwin Deutsch, Das neue Versicherungsvertragsrecht , 2008, p. 157
- ↑ BT-Drs. 16/3945 of December 20, 2006, draft law for the reform of insurance contract law , p. 73
- ↑ BT-Drs. 16/3945 of December 20, 2006, draft law for the reform of insurance contract law , p. 16
- ↑ Frank Baumann / Matthias Beenken, The new Insurance Contract Act , 2008, p. 31
- ↑ Attila Fenyves, Insurance Contract Law , October 2018, p. 29
