Insurance Law Amendment Act 2013 - 2013 Versräg

Original Language Title: Versicherungsrechts-Änderungsgesetz 2013 – VersRÄG 2013

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12. Federal Law, with which the Insurance Supervision Act, the Insurance Contracts Act, the Verkehrsoppers Compensation Act and the Federal Disability Equality Act are amended (Insurance Rights Amendment Act 2013-VersRÄG 2013)

The National Council has decided:

Article I

Amendment of the Insurance Supervision Act

The Insurance Supervision Act, BGBl. No 569/1978, as last amended by the Federal Law BGBl. No 54/2012, shall be amended as follows:

1. In Section 1a (1), the citation shall be "§ 9 (1)" through the citation "§ 9 (1) and (2)" replaced.

2. § 9 is amended as follows:

(a) para. 2 reads:

"(2) The gender factor must not lead to different premiums or benefits for women and men."

(b) paragraphs 3 and 4 are deleted.

3. § 18f (6) the following paragraph 7 is added:

"(7) § 9 para. 2 shall not apply to the collective insurance of the company."

4. § 118i para. 1 Z 8 deleted .

Section 119i (32) is added to the following paragraph 33:

" (33) § 1a (1), § 9 (2), the abduction of § 9 (3) and (4), § 18f (7), the abduction of § 118i (1) Z 8 and § 129m in the version of the Federal Law BGBl. I n ° 12/2013 will enter into force on 21 December 2012. "

6. According to § 129l the following § 129m is inserted:

" § 129m. Section 9 (2) in the version of the Federal Law BGBl. I n ° 12/2013 shall apply to insurance contracts for which the conclusion of a new contract will be concluded after 20 December 2012. "

Article II

Amendment of the Insurance Contracts Act

The Insurance Contracts Act, BGBl. No 2/1959, as last amended by the Federal Law BGBl. I No 34/2012, shall be amended as follows:

1. In accordance with § 1b, the following § § 1c and 1d together with the heading are inserted :

" § 1c. Subject to Section 18f (7) of the VAG, the gender factor must not lead to different premiums or benefits for women and men.

Insurance for people with disabilities

§ 1d. (1) An insurance relationship may not be refused or terminated in the event of an insurable risk or may therefore be subject to a higher premium because the policyholder or the insured person is impeded (§ 3 Federal Disability Equality Act, BGBl. I n ° 82/2005).

(2) A premium surcharge may be provided only if the state of health is a determining factor for the calculation of the risk in the insurance branch concerned and the individual state of health of the insured person is a determining factor. a significant increase in the risk. A premium surcharge may only take place to the extent that is calculated on the basis of the risk calculation in the specific insurance branch as a result of the increase in the risk.

(3) The insurer shall disclose to the policyholder, on the basis of which (in particular statistical) data he/she comes to a substantial increase in the risk and on the basis of which change in the actuarial calculation is the premium surcharge or the lack of insurability of the risk referred to in paragraph 1. In the absence of statistical data or insufficient data, the increase in the risk shall be set out on the basis of the relevant and reliable medical knowledge relevant to the individual state of health of the insured person, if the The policyholder so requests. The reasons for the actual increase in danger and the premium surcharge shall be given in a separate document, which shall be transmitted to the policyholder by the insurance certificate at the latest.

(4) The above paragraphs shall be without prejudice to the provisions of the Federal Disability Equality Act and shall also apply in the event that the insurance contract concluded with or for a disabled person shall be subject to waiting periods, a Risk exclusion or reduction of the scope of services. "

Section 15a (1) reads as follows:

" § 15a. (1) An agreement which is based on the provisions of § 1a, § 1b, § 1c, § 1d, § 3, § 5, para. 1 to 3, § 5a, § 5b, § 5c, § 6 para. 1 to 3 and para. 5, § 8 para. 2 and 3, § 11, § 11a, § 11b, § 11c, § 11d, § 12 and § 14 to the detriment of the policyholder "The insurer cannot rely on it."

3. § 36 reads:

" § 36. (1) The place of performance of the payment of the premium shall be that of the policyholder's place of residence; however, the policyholder shall forward the premium to the insurer at his/her risk and costs. A transfer shall be deemed to be in good time if the policyholder has initiated the payment until the due date and the date of the payment of the due date to the insurer.

(2) If the policyholder has completed the insurance within the framework of his/her undertaking, if he has his establishment in another place, the place of establishment in the place of residence; the transfer of the premium shall only be in good time, if the payment has been received by the insurer at maturity. In view of the legal consequences pursuant to § § 38 (2) and (39) (2), the time limit shall be deemed to have been respected if the payment, which has been prompted by the date of the due date, has been received by the insurer. "

4. § 41b reads:

" § 41b. Subject to Section 27 (6) of the ZaDiG, the insurer may, in addition to the premium, require only those fees which serve to repay the additional expenses which have been caused by the conduct of the policyholder; the agreement thereof Deviating secondary charges are ineffective. "

5. In § 178g para. 1 the word order shall be "and the Verein für Konsumenteninformation" through the turn ", the Association for Consumer Information and the Austrian Working Group for Rehabilitation" replaced.

6. The following paragraphs 13 and 14 are added to § 191c (12):

" (13) § 1c and the inclusion of § 1c in Section 15a (1) in the version of the Federal Law BGBl. I n ° 12/2013, enter into force on 21 December 2012 and apply to insurance contracts for which the conclusion of a new contract will be concluded after 20 December 2012. § 1d and the inclusion of § 1d in § 15a (1) in the version of the Federal Law BGBl. I n ° 12/2013, enter 1. January 2013 in force and shall apply to insurance contracts, changes or dismissals of the same, as long as they are concluded or are completed after 31 December 2012. § § 41b and 178g para. 1 in the version of the Federal Law BGBl. I n ° 12/2013 will be 1. Jänner 2013 in force.

(14) § 36 in the version of the Federal Law BGBl. I No 12/2013, shall enter into force on 1 February 2013 and shall apply to contracts concluded from that date. "

Article III

Amendment of the Transport Sacrifice Compensation Act

The traffic opper compensation law, BGBl. I n ° 37/2007, as last amended by the Federal Law BGBl. I n ° 109/2009, shall be amended as follows:

1. § 6 (3) reads:

" (3) The injured party shall not be compensated in accordance with paragraph 1 if:

1.

the vehicle is used as a locally-based power source or for similar purposes; or

2.

the damage caused by an accident in § 1 para. 2 lit. a and b KFG 1967 are brought about in the closed area between persons involved in the operation of the workplace. "

(2) The following paragraph 4 is added to § 19:

" (4) § 6 para. 3 in the version of the Federal Law BGBl. I n ° 12/2013 is 1. Jänner 2013 in force. "

Article IV

Amendment of the Federal Disability Equality Act

The Federal Disability Equality Act, BGBl. I n ° 82/2005, as last amended by the Federal Law BGBl. I No 7/2011, is amended as follows:

1. Section 13 (2) shall be followed by the following: "The lawsuit" the phrase "pursuant to paragraph 1" inserted.

The following paragraph 3 shall be added to § 13:

" (3) If the insurer violates the provisions of § 1d VersVG and thereby the general interests of the persons protected by this provision are substantially and in several cases impaired, the Austrian The Association for Rehabilitation, the Association for the enforcement of the rights of victims of discrimination (§ 62 GlBG) and the Attorney for Disabled Persons (§ 13b BBG) bring an action for omission of the behaviour contrary to § 1d VersVG. "

Section 19 (1d) reads as follows:

" (1d) § 13 in the version of the Federal Law BGBl. I n ° 12/2013 is 1. Jänner 2013 in force. "

4. In § 20 Z 3, at the end of the period, the following paragraph shall be replaced by the following point (4):

" 4.

as regards Section 13 (3), the Federal Minister and the Federal Minister of Justice. "

Fischer

Faymann