Insurance Law Amendment Act 2013 - 2013 Versräg

Original Language Title: Versicherungsrechts-Änderungsgesetz 2013 – VersRÄG 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_12/BGBLA_2013_I_12.html

12 federal law that modifies the insurance supervision law, the insurance contracts Act, the traffic victims compensation act and the Federal Disability Equality Act (insurance law amendment Act 2013 - VersRÄG 2013)

The National Council has decided:

Article I

Amendment of the insurance supervision Act

The insurance supervision Act, Federal Law Gazette No. 569/1978, as last amended by Federal Law Gazette I no. 54/2012, is amended as follows:



1. in Article 1a, paragraph 1 the reference to "section 9 para 1" is

through the citation "§ 9 para 1 and 2"

replaced.



2. Article 9 is amended as follows:



a) paragraph 2 is as follows:



"(2) the factor must not be gender different premiums or benefits for women and men."

(b) paragraph 3 and 4 are eliminated.

3. § 18f para 6 adds the following paragraph 7:

"(7) on the occupational pension group insurance, section 9, paragraph 2 shall not apply."

4. section 118i para 1 sub-para. 8 is eliminated.

5. § 119i para 32 is added the following paragraph 33:

"(33) § 1a para 1, § 9 section 2, the Elimination of § 9 para 3 and 4, § 18f section 7, the Elimination of the section 118i para 1 No. 8 and section 129 m in the version of Federal Law Gazette I no. 12/2013 with December 21st, 2012 into force."

6 § 129 l is inserted after the following article 129 m:

"§ 129 m." § 9 para 2 in the version of Federal Law Gazette I no. is 12/2013 on insurance contracts where a new agreement is made after December 20, 2012 to apply. “

Article II

Amendment of the German insurance contract law

The insurance contracts Act, Federal Law Gazette No. 2/1959, as last amended by Federal Law Gazette I no. 34/2012, is amended as follows:

1. pursuant to section 1 b shall be inserted following § § 1 c and 1 d together with the heading:

"§ 1c." The factor gender must - lead VAG - not subject to § 18f section 7 to different premiums or benefits for women and men.

Insurance for people with disabilities

section 1 d. (1) an insurance contract must taking into account an insurable risk not rejected or terminated or so by a higher premium depending on be made, because the policyholder or the insured person obstructs (§ 3 Federal Disability Equality Act, Federal Law Gazette I no. 82/2005) is.

(2) an additional premium may be provided for only if the State of health is a determining factor for the calculation of risk in the insurance sector concerned and the individual State of health of the insured person causes a significant increase in the risk. An additional premium is permitted only to the extent, calculated on the basis of the calculation of risk in the specific branch of insurance due to the increase of the risk.

(3) the insurer shall disclose the policyholder compared to, on the basis of which (in particular statistical) data, he comes to a significant increase in the risk and due to the change in the actuarial calculation of the additional premium or lack of insurability of risk results referred to in paragraph 1. Lack of statistical data or the data are insufficient, the increase of risk on the basis of for the individual State of health of the insured person's medical knowledge to present relevant and reliable, if required by the insured. The reasons for the specific increase of risk and the premium surcharge shall be disclosed in a separate document; This is to provide the policyholder with the certificate of insurance at the latest.

(4) the preceding paragraphs shall be without prejudice to the provisions of the federal disability equality act and apply by analogy to the case, that he concluded insurance contract is waiting periods, an exclusion of risk of or decreases the scope of services with or for a disabled person."

2. § 15a paragraph 1 reads:

'article 15a. "(1) on an agreement, by the provisions of Article 1a, paragraph 1B, § 1c, section 1 d, article 3, § 5 para 1 to 3, § 5a, section 5b, 5 c, § 6 para 1 to 3 and para 5, § 8 par. 2 and 3, § 11, § 11a, § 11b, section 11c, section 11 d, section 12 and section 14 to the detriment of the policyholder differs, can not rely the insurer."

3. paragraph 36:

"36. (1) place of fulfilment for payment of the premium is the current residence of the policyholder; the policyholder has to submit the insurer the premium at its risk and expense. A delivery is considered to be timely, if the policyholder has prompted the payment until the maturity and those received by the insurer as a result.

(2) the policyholder has completed the insurance within the framework of his company, so the place of establishment of the place of residence; occurs when he is established in a different location, the delivery of premium is only in time when the payment at maturity by the insurer is received. In consideration of the legal consequences according to article 38, paragraph 2 and 39 para 2 is considered the period maintained, if the payment caused before the onset of maturity in the episode with the insurer received."

4. paragraph 41b:

"article 41 b." The insurer may - require only such fees ZaDiG - subject to article 27, paragraph 6 in addition to the premium, which serve the compensation of additional expenses, which are prompted by the conduct of the policyholder; additional charges abweichender thereof, the agreement is ineffective."

5. in paragraph 178, g para 1 replaced the phrase "and the Association for consumer information"by the phrase", the Association for consumer information and the Austrian working group for rehabilitation".

6th 191 c of paragraph 12 be added following paragraph 13 and 14 section:

"(13) § 1c and the recording of the § 1c in § 15a I no. 12/2013, contact para 1 as amended by Federal Law Gazette in force on December 21, 2012 and are to apply to insurance contracts, where a new agreement is made after December 20, 2012. § 1 d and the recording of the § 1 d in § 15a paragraph 1 I no. 12/2013, contact version of Federal Law Gazette January 1, 2013 in force and are to apply to insurance contracts, changes or cancellations thereof, insofar as it after 31 December 2012 will be completed or be. The §§ 41 b and 178 g para 1 as amended by Federal Law Gazette I no. 12/2013 contact 1.  January 2013 in force.

(14) section 36 in the version of Federal Law Gazette I 12/2013, is no. 1 February 2013 in force and is to apply to contracts concluded from that date."

Article III

Amend the victims compensation act

The victims compensation act, Federal Law Gazette I no. 37/2007, amended by the Federal Act Federal Law Gazette I no. 109/2009, is amended as follows:

1. paragraph 6 ABS. 3:

"(3) the injured party is to compensate, not referred to in paragraph 1 if"



1. the vehicle is used as a stationary power source or for similar purposes, or 2. the damage caused by an accident in § 1 para 2 lit. a and b KFG 1967-run vehicles in the enclosed area between the persons involved in the operation will be brought about."

2 the following paragraph 4 is added to section 19:

"(4) section 6 paragraph 3 as amended by Federal Law Gazette I no. 12/2013 effective with January 1, 2013."

Article IV

Amendment to the federal disability equality act

The federal disability equality act, Federal Law Gazette I no. 82/2005, amended by the Federal Act Federal Law Gazette I no. 7/2011, is amended as follows:

1. in article 13, paragraph 2, the phrase is inserted after the phrase "The action" "under paragraph 1".

2. § 13 the following paragraph 3 is added:

"(3) violates the provisions of the 1 of § d insurance the insurer and the general interests of persons protected by this provision be affected significantly and, in several cases, so can the Austrian working group for rehabilitation, the litigation to enforce the rights of victims of discrimination (§ 62 GlBG) and also the disability law (§ 13 b BBG) bring a lawsuit to refrain from the behavior infringing insurance against § 1 d."

3. paragraph 19 paragraph 1 d:

(1 d) section 13 in the version of Federal Law Gazette I 12/2013 is no. in force on January 1, 2013.

4. in article 20, no. 3 is at the end of the point replaced with a comma and following paragraph 4 added:



"4. with regard to article 13, paragraph 3 the Federal Minister or the Minister of Justice."

Fischer

Faymann