Law on the insurance contract (Insurance Contracts Act-VVG)

Unofficial table of contents

VVG

Date of completion: 23.11.2007

Full quote:

" Insurance Contracts Act of 23 November 2007 (BGBl. 2631), which is provided by Article 8 (21) of the Law of 17 July 2015 (BGBl I). 1245).

Status:	Last amended by Art. 2 para. 49 G v. 1.4.2015 I 434
Note:	Amendment by Art. 8 (21) (G) of 17.7.2015 I 1245 (No. 30) in the form of a text, documentary evidence not yet concludedly processed

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2008 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 65/2002 (CELEX Nr: 32002L0065)  G v. 24.4.2013 I 932 + + +) 

  

The G was enacted as article 1 of the G v. 23.11.2007 I 2631 of the Bundestag. It occurs gem. Article 12 (1), third sentence, in force on 1 January 2008. Section 7 (2) and (3) entered into force on 30 November 2007. Unofficial table of contents

Content Summary

Part 1 General Chapter 1Rules applicable to all insurance branches 1General provisions

§ 1	Contract-type duties
§ 2	Backward Insurance
§ 3	Insurance Form
§ 4	Insurance slip on the holder
§ 5	Deviating insurance certificate
§ 6	Advising the policyholder
§ 7	Information of the policyholder
§ 8	Right of revocation of the policyholder
§ 9	Legal consequences of revocation
§ 10	Start and end of insurance
§ 11	Extension, termination
§ 12	Insurance Period
§ 13	Change of address and name
§ 14	Maturity of cash performance
§ 15	Inhibition of the limitation period
§ 16	Insolvency of the insurer
§ 17	Prohibition of assignment in the event of incarnable property
§ 18	Divergent Agreements

Section 2Display duty,
Increase of risk, other obligations

§ 19	Notification duty
§ 20	Representatives of the policyholder
Section 21	Exercise of the rights of the insurer
Section 22	Fraudully deception
Section 23	Increase of risk
§ 24	Termination due to increase of risk
Section 25	Increase in premium due to increase of risk
Section 26	Freedom of performance due to increased risk
§ 27	Insignificant risk increase
§ 28	Violation of a contractual obsecurity
§ 29	Partial resignation, partial termination, partial performance
§ 30	Display of the insurance case
Section 31	Obligation to provide information for the policyholder
Section 32	Divergent Agreements

Section 3Premia

§ 33	Maturity
Section 34	Payment by third parties
§ 35	Settlement by the insurer
§ 36	Performance Location
Section 37	Late payment in the case of first premium
§ 38	Late payment in the event of a subsequent premium
§ 39	Premature termination of contract
§ 40	Announcement at premium increase
Section 41	Reduction of the premium
§ 42	Divergent Agreements

Section 4Insurance for foreign invoice

Section 43	Definition
Section 44	Rights of insured persons
§ 45	Rights of the policyholder
Section 46	Rights between policyholders and Insured
§ 47	Knowledge and behaviour of the insured person
§ 48	Insurance for invoice "whom it is for"

Section 5Preliminary coverage

§ 49	Content of the contract
§ 50	Non-conclusion of the main contract
Section 51	Premium payment
Section 52	Termination of contract

Section 6Running Insurance

Section 53	Obligation to declare
§ 54	Obligation to declare
§ 55	Single Police
§ 56	Breach of the obligation to notify
Section 57	Risk Change
Section 58	Obliegeness injury

Section 7Insurance intermediaries,
Insurance-counsellor subsection 1Part-time and advisory obligations

§ 59	Definitions
§ 60	Advisory basis of the insurance intermediary
Section 61	Advisory and documentation requirements of the Insurance intermediaries
Section 62	Date and form of information
§ 63	Liability for damages
Section 64	Payment assurance in favour of the Policyholder
Section 65	Major risks
Section 66	Other exceptions
Section 67	Divergent Agreements
Section 68	Insurance Consultants

Subsection 2Representative power

Section 69	Legal Full Power
Section 70	Knowledge of the policyholder
Section 71	Completion Power
Section 72	Limitation of the power of representation
Section 73	Intermediaries employed and non-professional intermediaries

Chapter 2Failure insurance Section 1General provisions

Section 74	Overinsurance
§ 75	Underinsurance
Section 76	Taxe
Section 77	Multiple insurers
Section 78	Liability for multiple insurance
§ 79	Elimination of multiple insurance
§ 80	Lack of insurance interest
§ 81	Bringing about the insurance policy
Section 82	Wasting and reducing the damage
Section 83	Expense compensation
Section 84	Expert procedure
§ 85	Claims Delivery Costs
§ 86	Transfer of replacement claims
Section 87	Divergent Agreements

Section 2Experts

Section 88	Insurance Value
§ 89	Insurance for the epitome of things
§ 90	Extended cumarance replacement
Section 91	Interest in compensation
§ 92	Cancellation by insurance case
Section 93	Recovery clause
Section 94	The effectiveness of the payment Mortgage creditors
§ 95	Sale of the insured item
§ 96	Announcement after divestiment
Section 97	Display of divestiment
Section 98	Protection of the acquirer
§ 99	Forced auction, acquisition of the right of use

Part 2-Individual insurance section 1Liability insurance Section 1General provisions

§ 100	Insurer's Performance
§ 101	Costs of legal protection
Section 102	Corporate liability insurance
Section 103	Bringing about the insurance policy
Section 104	Obligation to notify the policyholder
Section 105	Acknowledgment of the policyholder
Section 106	Maturity of insurance performance
Section 107	Pension entitlement
Section 108	Available via the exemption claim
§ 109	Several victims
§ 110	Insolvency of the policyholder
Section 111	Cancellation by insurance case
Section 112	Divergent Agreements

Section 2compulsory insurance

Section 113	Compulsory insurance
Section 114	Scope of insurance cover
§ 115	Direct appeal
Section 116	Total debtor
Section 117	Duty to third parties
Section 118	Ranking of multiple claims
§ 119	Obligations of the third party
§ 120	Third party obliegenicity
Section 121	Offset to third parties
§ 122	Disposal of the item covered by the insurance
§ 123	Recourse to several insured persons
Section 124	Right-wing stretching

Chapter 2Legal protection insurance

§ 125	Insurer's Performance
§ 126	Claims settlement company
§ 127	Free Bar Choice
§ 128	Peer review
Section 129	Divergent Agreements

Chapter 3Transport Insurance

§ 130	Scope of risk
Section 131	Breach of the obligation to notify
Section 132	Risk Change
§ 133	Non-contractual carriage
Section 134	Unsuitable means of transport
§ 135	Expense compensation
Section 136	Insurance Value
Section 137	Bringing about the insurance policy
§ 138	Disclaimer for ships
Section 139	Sale of the insured item or goods
§ 140	Disposal of the insured vessel
Section 141	Exemption by payment of the insured sum

Chapter 4Building defender insurance

Section 142	Viewing mortgage creditors
Section 143	Duration of service obligations to Mortgage creditors
Section 144	Dismissal of the policyholder
§ 145	Mortgage Transition
Section 146	Obligation to confirm and provide information to the insurer
Section 147	Change of address and name of the Mortgage creditors
§ 148	Other fundamental rights
§ 149	Ownership Property Rights

Chapter 5 Life insurance

Section 150	Insured person
Section 151	Medical examination
Section 152	Revocation of the policyholder
Section 153	Surplus participation
Section 154	Model invoice
§ 155	Annual information
Section 156	Knowledge and behaviour of the insured person
Section 157	Incorrect age
Section 158	Risk Change
Section 159	Entitlement
§ 160	How to interpret the reference authority
Section 161	Self-killing
Section 162	Killing by beneficiaries
Section 163	Premium and performance change
Section 164	Condition Adjustment
Section 165	Premium-free insurance
Section 166	Dismissal of the insurer
Section 167	Conversion to obtain a confession protection
§ 168	Dismissal of the policyholder
§ 169	Return Value
§ 170	Right of entry
Section 171	Divergent Agreements

Chapter 6-Invalidity Insurance

Section 172	Insurer's Performance
Section 173	Acknowledgment
§ 174	Freedom of performance
§ 175	Divergent Agreements
Section 176	Rules to be applied
Section 177	Similar insurance contracts

Chapter 7XX_ENCODE_CASE_CAPS_LOCK_On accident insurance

Section 178	Insurer's Performance
§ 179	Insured person
§ 180	Invalidity
§ 181	Increase of risk
§ 182	Contributors
Section 183	Bringing about the insurance policy
Section 184	Wasting and reducing the damage
§ 185	Entitlement
Section 186	Obligation of the insurer
§ 187	Acknowledgment
Section 188	Remeasurement of invalidity
§ 189	Expert procedure, claims for damages
§ 190	Compulsory insurance
Section 191	Divergent Agreements

Chapter 8Health insurance

§ 192	Contract type services of the insurer
Section 193	Insured person
§ 194	Rules to be applied
§ 195	Duration of insurance
§ 196	Short-term insurance for sickness insurance
§ 197	Waits
§ 198	Child post-insurance
§ 199	Beneficiaries
§ 200	Enrichment ban
Section 201	Bringing about the insurance policy
Section 202	Duty of information of the insurer; claims for damages
§ 203	Premium and condition adjustment
Section 204	Rate Change
§ 205	Dismissal of the policyholder
§ 206	Dismissal of the insurer
§ 207	Continuation of the insurance relationship
Section 208	Divergent Agreements

Part 3Final provisions

Section 209	reinsurance, maritime insurance
Section 210	Large risks, ongoing insurance
Section 211	Pensionskassen, smaller insurance associations, Insurance with smaller amounts
Section 212	Continuation of life insurance after parental leave
§ 213	Collection of personal health data from third parties
Section 214	Schlichtungsstelle
Section 215	Place of jurisdiction
Annex	(for § 8 para. 5 sentence 1) Sample of revocation instruction
Section 216	Insurer majority process standstill

Part 1
General Part

Chapter 1
Rules applicable to all classes of insurance

Section 1
General provisions

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§ 1 Contractual Obligations

The insurer undertakes with the insurance contract to hedge a certain risk of the policyholder or a third party through a service which he/she has to provide upon the entry of the agreed insurance case. The policyholder is obliged to make the agreed payment (premium) to the insurer. Unofficial table of contents

§ 2 Reverse insurance

(1) The insurance contract may provide that the insurance cover begins before the date of the conclusion of the contract (reverse insurance). (2) If the insurer is aware that the contract has been issued, the insurer has to inform that the entry of a Insurance case is excluded, he is not entitled to the premium. If the policyholder has knowledge of the fact that an insurance case has already occurred, the insurer is not obliged to perform the contract. (3) If the contract is concluded by a representative, in the case of the insurance company, the insurer is not obliged to do so. of paragraph 2 shall take account of both the knowledge of the representative and the knowledge of the representative. (4) § 37 (2) shall not apply to the reverse insurance. Unofficial table of contents

§ 3 Insurance certificate

(1) The insurer shall submit to the policyholder an insurance certificate in writing, at the request of the policyholder, as a document. (2) If the contract is not concluded by a branch of the insurer domestiated, the insurance certificate shall be included in the insurance certificate. indicate the address of the insurer and the establishment over which the contract has been concluded. (3) If an insurance certificate has been or is being cancelled, the policyholder may, by the insurer, issue a new Require insurance bill. If the insurance certificate is subject to the declaration of strength, the insurer is not obliged to issue the declaration after the declaration of force. (4) The policyholder may at any time ask the insurer to copy the statements he has made with reference to the declaration of the declaration of force. to the Treaty. If the policyholder needs the copies for taking action against the insurer who are bound by a specified time limit and have not previously been sent to him by the insurer, the time limit shall be taken from the (5) The costs of issuing a new insurance certificate referred to in paragraph 3 and of the copies referred to in paragraph 4 shall be borne by the policyholder and to pre-shoot at the request. Unofficial table of contents

§ 4 Insurance slip on the holder

(1) An insurance certificate issued as a document to the holder is to be applied to § 808 of the Civil Code. (2) The contract stipulates that the insurer shall only return an insurance certificate issued as a certificate. , if the policyholder declares to be unable to return, it shall be sufficient for the publicly certified recognition that the fault has been committed. Sentence 1 shall not apply if the insurance certificate is subject to the declaration of force. Unofficial table of contents

§ 5 Deviation of the insurance certificate

(1) If the content of the insurance certificate is from the policyholder ' s application or the agreements made, the derogation shall be deemed to be approved if the conditions set out in paragraph 2 are met and the policyholder is not satisfied (2) The insurer shall inform the policyholder when submitting the insurance certificate to the policyholder that deviations are deemed to have been approved if the insurance provider has Policyholder not within one month of receipt of the insurance bill in Text form contradicts. The policyholder shall be made aware of any discrepancy and the legal consequences of this by means of a conspicuous indication in the insurance certificate. (3) If the insurer does not fulfil the obligations laid down in paragraph 2, the contract shall apply: (4) An agreement by which the policyholder waived the right to challenge the contract for error is ineffective. Unofficial table of contents

§ 6 Advice of the policyholder

(1) The insurer shall have the policyholder, in accordance with the difficulty of assessing the insurance offered, or the person of the policyholder, and the situation of the policyholder, in accordance with his/her wishes and needs. and, also taking into account the appropriate relationship between the expenditure on advice and the premiums to be paid by the policyholder, and the reasons for each Council being given to a specific insurance policy. (2) The insurer has the Council and the reasons therefor clear and comprehensible before the conclusion of the contract in question to the policyholder. Text form to be transmitted. The information may be provided orally if the policyholder wishes to do so or if and to the extent that the insurer grants provisional cover. In such cases, the information shall be transmitted immediately after the conclusion of the contract to the policyholder in text form; this shall not apply if a contract is not concluded and for contracts on provisional cover in the case of compulsory insurance. (3) The Policyholders may waive the advice and documentation referred to in paragraphs 1 and 2 by means of a separate written declaration, in which he is expressly advised by the insurer that the waiver should be detrimental to its The insurer may have an opportunity to claim a claim for damages in accordance with (4) The obligation referred to in the first sentence of paragraph 1 shall also be made after the conclusion of the contract during the period of the insurance relationship, insofar as the insurer provides an opportunity for a request and advice of the policyholder is recognizable. The policyholder may, on a case-by-case basis, waive a consultation by means of a written declaration. (5) The insurer is not responsible for an obligation under paragraphs 1, 2 or 4, if he is the policyholder to replace the resulting damage. is committed. This shall not apply if the insurer is not responsible for the breach of duty. (6) Paragraphs 1 to 5 shall not apply to insurance contracts relating to a major risk in the sense of Section 210 (2), and shall not apply if the contract is concluded with the contract. The policyholder is mediated by an insurance broker, or if it is a distance contract in the sense of section 312c of the Civil Code. Unofficial table of contents

Section 7 Information of the policyholder

(1) The insurer shall, in good time before the policyholder has made its contractual declaration, have its contractual provisions, including the General Terms and Conditions of Insurance, and the provisions of a legal regulation referred to in paragraph 2. to communicate information in text form. The communications shall be transmitted in a clear and comprehensible manner in a manner corresponding to the means of communication used. If the contract is concluded at the request of the policyholder by telephone or by using another means of communication which does not permit the information in text form before the policyholder ' s declaration of contract, the Information immediately after conclusion of the contract shall be obtained; this shall also apply if the policyholder expressly waived the information prior to the delivery of his contractual declaration by means of a separate written declaration. (2) The Federal Ministry of Justice and Consumer Protection is authorized to to agree with the Federal Ministry of Finance and by legal regulation without the consent of the Federal Council for the purpose of providing comprehensive information to the policyholder,

1.

the details of the contract, in particular to the insurer, to the service offered and to the general terms and conditions of insurance and to the existence of a right of withdrawal, to which the policyholder is to be informed,

2.

what other information is provided to policyholders in life assurance, in particular about the benefits to be expected, their calculation and calculation, a model calculation and the financial statements and distribution costs, and the administrative costs, to the extent that they are charged with premiums, and to be informed of other costs;

3.

what further information is to be provided on health insurance, in particular on the development and design of premiums, as well as the costs of closure and distribution and the administrative costs,

4.

which is to be communicated to the policyholder, if the insurer has contacted him by telephone and

5.

in what way the information is to be given.

For the purpose of determining the notifications referred to in the first sentence, the mandatory particulars provided for in Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance (with the exception of life insurance) and amending Directives 73 /239/EEC and 88 /357/EEC (OJ L 206, 22.7.1973, p. EC No 1), Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 on the distance sales of consumer financial services and amending Council Directive 90 /619/EEC and Directives 97 /7/EC and Directives 97 /7/EC and 97 /7/EC 98 /27/EC EC No 16), and Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 on life assurance (OJ L 327, 22.12.2002, p. EC No 1). (3) The legal regulation referred to in paragraph 2 shall also determine what the insurer must communicate in text form during the term of the contract, in particular in the case of changes to previous information, and in particular to the Sickness insurance in the event of premium increases and the possibility of a change of rate as well as of life insurance with a surplus shareholding in respect of the development of the claims of the policyholder. (4) The policyholder can At any time during the term of the contract, the insurer shall require him to: (5) The provisions of paragraphs 1 to 4 shall apply to insurance contracts for the first transmission of the contract, including the general insurance conditions, in a document. Major risk in the sense of § 210 (2) shall not apply. If, in the case of such a contract, the policyholder is a natural person, the insurer shall inform him of the applicable law and the competent supervisory authority in text form before the contract is concluded. Unofficial table of contents

§ 8 Revocation right of the policyholder

(1) The policyholder may revoke his contract of contract within 14 days. The revocation is to be explained in text form to the insurer and does not have to contain any justification; for the time of the deadline, the timely dispatch is sufficient. (2) The revocation period begins at the time when the following documents are sent to the policyholder have been received in text form:

1.

the insurance certificate and the provisions of the contract, including the General Terms and Conditions of Insurance, as well as further information pursuant to § 7 (1) and (2) and

2.

a clearly designed information on the right of withdrawal and on the legal consequences of the withdrawal, which makes it clear to the policyholder his rights in accordance with the requirements of the communication means used, and which gives the name and the the address of the person to whom the revocation is to be declared and an indication of the beginning of the period of time and of the provisions of the second sentence of paragraph 1.

Proof of access to the documents in accordance with the first sentence is the responsibility of the insurer. (3) The right of revocation does not exist

1.

in the case of insurance contracts with a maturity of less than one month,

2.

in the case of insurance contracts of provisional coverage, unless it is a distance contract in the sense of section 312c of the Civil Code,

3.

in the case of insurance contracts for pension funds, which are based on contractual arrangements, unless it is a distance contract in the sense of section 312c of the Civil Code,

4.

in the case of insurance contracts relating to a major risk in the sense of Section 210 (2).

The right of revocation shall be issued if the contract is completely fulfilled by both parties at the express request of the policyholder before the policyholder has exercised his right of withdrawal. (4) In electronic commerce, the By way of derogation from the first sentence of paragraph 2, not before the fulfilment of the obligations laid down in Article 312i (1) sentence 1 of the Civil Code. (5) The information to be provided pursuant to the first sentence of paragraph 2 shall comply with the requirements specified in that paragraph if: the pattern of the plant is used in text form to this law. The insurer may, in accordance with the second sentence of the second sentence of paragraph 2, derogate from the specimen in the form and size of the document and apply additions such as the firm or a licence plate of the insurer. Unofficial table of contents

§ 9 Legal consequences of revocation

(1) If the policyholder exclaims the right of revocation in accordance with § 8 (1), the insurer shall only reimburse the part of the premiums paid on the time after receipt of the revocation if the policyholder in the instruction pursuant to section 8 (2) sentence 1 No 2 has been referred to his right of withdrawal, the legal consequences of the revocation and the amount to be paid and has agreed that the insurance cover shall begin before the end of the withdrawal period; the obligation to grant shall be immediately, at the latest 30 days after access of the revocation. If the notice referred to in the first sentence is not received, the insurer shall also have to reimburse the premiums paid for the first year of the insurance cover; this shall not apply where the policyholder benefits from the insurance contract in (2) If the policyholder has exercised his right of revocation in accordance with § 8, he is no longer bound by a contract relating to the insurance contract. A related contract shall be provided if it relates to the revoked contract and if it relates to a service provided by the insurer or a third party on the basis of an agreement between the third party and the insurer. A contractual penalty may not be agreed or required. Unofficial table of contents

§ 10 Start and end of insurance

If the duration of the insurance is determined by days, weeks, months or a period of a period of several months, the insurance shall begin at the beginning of the day on which the contract is concluded; it shall end with the end of the last day of the contract. Unofficial table of contents

§ 11 Extension, Termination

(1) If, for a given period of insurance, an extension is agreed in advance for the case that the insurance relationship is not terminated before the end of the contract period, the extension shall be ineffective, in so far as it extends to more than one year. (2) If an insurance relationship has been received for an indefinite period of time, it may be terminated by both parties only for the conclusion of the current insurance period. The right to terminate the contract can be waived by mutual agreement up to a period of two years. (3) The period of notice must be the same for both parties; it must not be less than one month and not more than three months. (4) Insurance contract which has been concluded for a period of more than three years may be terminated by the policyholder at the end of the third year or each subsequent year, subject to a period of three months. Unofficial table of contents

§ 12 Insurance Period

The period of insurance shall be the period of one year, unless the premium is calculated after shorter periods. Unofficial table of contents

§ 13 Change of address and name

(1) If the policyholder has not disclosed a change to his address to the insurer, the sending of a written letter to the last of the insurers shall be sufficient for a declaration of intent to be issued to the policyholder the known address of the policyholder. The declaration shall be deemed to have been received three days after the date of dispatch of the letter. In the event of a change in the name of the policyholder, the first and second sentences are to be applied accordingly. (2) If the policyholder has taken out the insurance in his business, the first sentence of paragraph 1 shall be laid down in the case of a transfer of the commercial establishment. 1 and 2 accordingly. Unofficial table of contents

§ 14 Due date of the cash benefit

(1) Cash benefits of the insurer are due with the termination of the surveys necessary to determine the insurance policy and the extent of the insurer's performance. (2) If these surveys have not been carried out until the end of a month since the If the insurance policy is terminated, the policyholder may request the amount of the amount of the amount of the amount that the insurer is likely to pay at least. The course of the period is inhibited as long as the surveys cannot be terminated as a result of a fault of the policyholder. (3) An agreement by which the insurer will be exempted from the obligation to pay default interest is Ineffective. Unofficial table of contents

§ 15 inhibition of the statute of limitations

If a claim has been filed with the insurer from the insurance contract, the statute of limitations shall be inhibited until the date on which the decision of the insurer goes to the claimant in text form. Unofficial table of contents

Section 16 Insolvency of the insurer

(1) If the insolvency proceedings are opened on the assets of the insurer, the insurance relationship shall end at the end of one month since the opening; until that date, the insolvency mass shall remain effective. (2) The provisions of the Insurance supervision law on the effects of the insolvency opening shall remain unaffected. Unofficial table of contents

§ 17 Ban on assignment in the event of inconundable property

In so far as the insurance relates to inconundable property, a claim from the insurance may only be transferred to such creditors of the policyholder who are responsible for the replacement of the destroyed or damaged property of other things delivered. Unofficial table of contents

Section 18 Deviating agreements

§ 3 (1) to (4), § 5 (1) to (3), § § 6 to 9 and 11 (2) to (4), § 14 (2) sentence 1 and § 15 cannot be dismissed to the detriment of the policyholder.

Section 2
Obligation to notify, increase the risk, and other obligations

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§ 19 Display obligation

(1) Until the delivery of his contract of contract, the policyholder shall have the dangerous circumstances known to him which are relevant for the decision of the insurer to conclude the contract with the agreed content and in accordance with which the insurer shall in accordance with Text form asked to show the insurer. If the insurer is asking questions in the sense of sentence 1 after the policyholder's contractual declaration, but before the acceptance of the contract, the policyholder is also obliged to display it. (2) The policyholder has not been obliged to notify the policyholder. in accordance with paragraph 1, the insurer may withdraw from the contract. (3) The insurer's right of withdrawal shall be excluded if the policyholder has not intentionally or grossly negligently infringed the obligation to notify. In this case, the insurer has the right to terminate the contract in compliance with a period of one month. (4) The insurer's right of withdrawal for gross negligence on the part of the insurer and his right to terminate the contract in accordance with the third sentence of paragraph 3 2 are excluded if it would have concluded the contract even with knowledge of the circumstances not displayed, if also on other conditions. The other conditions are retroactive at the insurer's request, in the case of a breach of duty not to be carried out by the policyholder as of the current insurance period. (5) The insurer shall have the rights under the Paragraphs 2 to 4 shall only apply if the policyholder has informed the policyholder of the consequences of a non-disclosure breach by means of a separate communication in text form. The rights are excluded if the insurer knew of the non-displayed hazard or the incorrectness of the advertisement. (6) In the case of the second sentence of paragraph 4, the premium increases by more than 10 percent by a change in the contract the insurer may terminate the security against the non-displayed circumstance, the policyholder may terminate the contract within one month of receipt of the notice of the insurer without notice of a time limit. The insurer shall draw the attention of the policyholder to this right in the communication. Unofficial table of contents

Section 20 Representative of the policyholder

If the contract is concluded by a representative of the policyholder, in the application of section 19 (1) to (4) and section 21 (2) sentence 2 as well as (3) sentence 2, both the knowledge and the suspicion of the representative as well as the knowledge and the Arglist of the policyholder to be taken into account. The policyholder may rely on the fact that the obligation to notify has not been intentionally or grossly negligently violated, unless the representative or the policyholder has no intent or gross negligence on the part of the policyholder. Unofficial table of contents

Section 21 Exerciser of the rights of the insurer

(1) The insurer must assert the rights granted to him in accordance with section 19 (2) to (4) in writing within one month. The period shall commensurate with the date on which the insurer becomes aware of the breach of the obligation to notify, which justifies the right to which he is entitled. The insurer shall, when exercising his rights, specify the circumstances to which he is based; he may subsequently indicate further circumstances in order to justify his declaration if the time limit laid down in the first sentence has not expired. (2) Case of a resignation pursuant to section 19 (2) after the entry of the insurance case, the insurer is not obliged to perform the performance unless the breach of the notification obligation relates to a circumstance which does not apply to the entry or the Determination of the insurance case for the determination or the extent of the service obligation of the insurer is causal. If the policyholder violates the obligation to notify, the insurer is not obligated to perform. (3) The rights of the insurer pursuant to section 19 (2) to (4) shall expire after five years after the conclusion of the contract; this shall not apply to Insurance cases which have occurred before the expiry of this period. If the policyholder has deliberately or fraudulently infringed the obligation to notify, the period shall be ten years. Unofficial table of contents

Section 22 Arglistige deception

The insurer's right to challenge the contract due to fraudulent deception remains unaffected. Unofficial table of contents

§ 23 Dangerous Increase

(1) The policyholder may not make an increase in danger or permit his/her acceptance by a third party after his/her contractual declaration has been submitted without the consent of the insurer. (2) The policyholder shall subsequently recognise that he has not If the insurer has given his consent to increase the risk, he shall immediately notify the insurer of the increase in the risk. (3) If the policyholder has issued the contractual declaration, any increase in the risk shall be independent of the risk of the risk being increased. of his will, he shall increase the risk after he becomes aware of it , the insurer shall immediately notify the insurer. Unofficial table of contents

Section 24 Termination for Dangerous Goods

(1) If the policyholder fails to fulfil his obligation pursuant to section 23 (1), the insurer may terminate the contract without due notice unless the policyholder has not intentionally or grossly negligently infringed the obligation. If the breach is based on a simple negligence, the insurer may terminate the contract in accordance with a period of one month. (2) In the case of an increase of risk pursuant to section 23 (2) and (3), the insurer may contract the contract in accordance with a period of (3) The right of termination in accordance with paragraphs 1 and 2 shall be terminated if it is not exercised within one month of the insurer's knowledge of the increase of the risk or if the condition is restored which is before the There was a risk increase. Unofficial table of contents

§ 25 Increase in premium due to increase of risk

(1) The insurer may, in place of a termination from the time of the increase in the risk, require a premium corresponding to its business principles for this higher risk or to exclude the protection of the higher risk. Section 24 (3) shall apply to the deletion of this right. (2) The premium shall be increased by more than 10 per cent as a result of the increase in the risk or if the insurer excludes the protection of the higher risk, the policyholder shall be able to conclude the contract within one month of receipt of the notification of the insurer without notice of a period of time. The insurer shall draw the attention of the policyholder to this right in the communication. Unofficial table of contents

§ 26 Freedom of performance due to increase of risk

(1) If the insurance case occurs after an increase in risk, the insurer shall not be obliged to perform the performance if the policyholder has intentionally breached his obligation under Section 23 (1). In the event of a grossly negligent breach, the insurer shall be entitled to reduce its performance in a proportion corresponding to the seriousness of the policyholder's fault; the burden of proof for the non-existence of a rough (2) In the case of an increase in the security pursuant to section 23 (2) and (3), the insurer shall not be obliged to perform the service if the insurance case occurs later than one month after the date on which the insurance policy is The insurer should have been given notice unless the insurer was the A hazard increase is known at this time. He is obliged to perform if the breach of the obligation to notify is not based on intent pursuant to Section 23 (2) and (3); in the case of a grossly negligent breach, the second sentence of paragraph 1 shall apply. (3) By way of derogation from paragraphs 1 and 2 sentence 1, the insurer shall be commitment to performance,

1.

in so far as the increase in the risk was not the cause of the occurrence of the insurance case or the extent of the service obligation, or

2.

if at the time of the entry of the insurance case the period for the cancellation of the insurer had expired and a termination had not been made.

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Section 27 Unsignificant increase of risk

§ § 23 to 26 shall not apply if there is only an insignificant increase in the risk or if, according to the circumstances, it is to be considered as agreed that the increase of risk shall be insured. Unofficial table of contents

§ 28 Violation of a contractual oblieority

(1) In the event of a breach of a contractual obligation to be fulfilled by the policyholder before entering the insurance policy with respect to the insurer, the insurer may enter the contract within one month after it has been violated by the breach. If the breach is not based on intent or gross negligence. (2) The contract determines that the insurer is to be satisfied in the event of a breach of the contract by the policyholder. is not obligated to perform contractual obligations, it is free of performance, if the policyholder intentionally violated the oblieority. In the event of a grossly negligent breach of security, the insurer shall be entitled to reduce its performance in proportion to the seriousness of the policyholder's fault; the burden of proof for non-existence of an insurance undertaking shall be entitled to gross negligence shall be borne by the policyholder. (3) By way of derogation from paragraph 2, the insurer shall be obliged to perform, in so far as the breach of the obligation is neither for the admission or the determination of the insurance case nor for the Determination or the extent of the insurer's obligation to provide services is causal. Sentence 1 shall not apply if the policyholder has fraudulently infringed the obligation. (4) The full or partial freedom of the insurer under paragraph 2 shall be deemed to have occurred in the event of a breach of an insurance policy after the entry into force of the insurance policy. Information on the condition that the insurer has referred the policyholder to this legal order by means of a separate communication in text form. (5) An agreement according to which the insurer is subject to an infringement of a shall be entitled to withdraw from the contract shall be ineffectuated. Unofficial table of contents

Section 29 partial resignation, partial termination, partial freedom of performance

(1) The conditions under which the insurer is entitled under the provisions of this section for resignation or termination shall be subject only to a part of the goods or persons to which the insurance relates, the insurer is entitled to resign or to terminate for the remaining part only if it is to be assumed that for the insurer alone the insurer would not have concluded the contract under the same conditions. (2) Power of insurers from the insurer Right of resignation or termination in respect of any part of the goods or persons Use, the policyholder is entitled to terminate the insurance relationship with respect to the rest of the part. The termination must be declared at the latest at the end of the insurance period in which the resignation or cancellation of the insurer becomes effective. (3) The conditions under which the insurer is subject to a breach of the The provisions relating to the increase in the risk, in whole or in part, shall be applicable only in respect of part of the goods or persons to which the insurance relates, and shall apply mutafictily to the freedom to benefit paragraph 1. Unofficial table of contents

§ 30 Display of the insurance policy

(1) The policyholder shall immediately notify the insurer of the entry of the insurance case after he has become aware of it. If the contractual performance of the insurer is entitled to a third party, the insurer is also obliged to display the contract. (2) An agreement according to which the insurer does not apply in the event of a breach of the obligation to notify pursuant to the first sentence of paragraph 1. The insurer shall not be entitled to benefit if he/she has gained knowledge in a different way from the entry of the insurance case in due time. Unofficial table of contents

§ 31 The obligation to provide information for the policyholder

(1) The insurer may, after the entry of the insurance case, require the policyholder to provide any information necessary to establish the insurance policy or the scope of the insurer's obligation to pay. The insurer can demand evidence to the extent that the insurer can reasonably be expected to obtain it. (2) If the right to the insurer's contractual performance belongs to a third party, the insurer also has the obligation to fulfil the obligations of the insurer. (1). Unofficial table of contents

Section 32 Differing agreements

§ § 19 to 28 (4) and § 31 (1) sentence 2 cannot be dismissed to the detriment of the policyholder. However, for advertisements under this section, to which the policyholder is obliged, the writing or the text form can be agreed.

Section 3
Premium

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§ 33 Due date

(1) The policyholder has a one-off premium or, if current premiums are agreed, to pay the first premium immediately after the expiry of 14 days after receipt of the insurance bill. (2) If the premium was last recovered from the insurer , the policyholder shall not be obliged to submit the premium unless he has been requested to do so by the insurer in a text form. Unofficial table of contents

§ 34 Payment by third parties

(1) The insurer shall have to pay due bonuses or other payments due to him under the contract from the insured person in the case of a foreign invoice, by a reference person who has acquired a right to the performance of the insurer , as well as from a pledge creditor, even if he or she could reject the payment in accordance with the provisions of the Civil Code. (2) A lien on the insurance claim may also be due to the amounts, including interest, , the pledge creditor shall be made to pay premiums or other used by the insurer on the basis of the contract. Unofficial table of contents

Section 35 Insuration by the insurer

The insurer may charge a premium claim or any other claim arising from the contract against a claim from the insurance, even if that claim is not the policyholder, but a third party. . Unofficial table of contents

§ 36 Place of performance

(1) The place of benefit for the payment of the premium shall be the respective residence of the policyholder. However, the policyholder has to submit the premium to the insurer at his/her risk and costs. (2) If the policyholder has taken out the insurance in his commercial establishment, he shall enter into his commercial establishment in a commercial establishment. other place, the place of establishment to the place of residence. Unofficial table of contents

§ 37 Payment delay in the case of first premium

(1) If the one-time payment or the first premium is not paid in time, the insurer shall be entitled to withdraw from the contract as long as the payment is not effected, unless the policyholder has no representation to represent the non-payment. (2) the one-time or the first premium is not paid on the occurrence of the insurance case, the insurer is not obliged to perform the service unless the policyholder does not have to represent the non-payment. The insurer is only free of benefits if it has drawn the policyholder's attention to this legal consequence of the non-payment of the premium by means of a separate communication in text form or by a conspicuous indication in the insurance certificate. Unofficial table of contents

§ 38 Payment delay in the event of a follow-up premium

(1) If a follow-up premium is not paid in due time, the insurer may, in writing, determine a period of payment to the policyholder in writing, which must be at least two weeks ' time. The provision shall be effective only if it provides for the detailed amounts of the premium, interest and costs and indicates the legal consequences of the expiry of the period referred to in paragraphs 2 and 3; in the case of combined contracts, the following shall be taken into account: (2) If the insurance case occurs after the expiry of the period, and if the policyholder is in default on the payment of the premium or the interest or costs, the insurer is not responsible for the performance of the payment. (3) The insurer may, after the expiry of the deadline, the contract without complying with a deadline , if the policyholder is in default with the payment of the sums due. The termination may be linked to the determination of the period of payment in such a way that it becomes effective at the time the policyholder is in default with the payment; this shall be the case for the policyholder in the event of the termination of the notice of termination of the contract. explicitly. The dismissal shall be ineffective if the policyholder makes the payment within one month of the termination or, if it has been connected with the time limit, within one month after the end of the period; paragraph 2 shall remain unaffected. Unofficial table of contents

Section 39 premature termination of the contract

(1) In the event of termination of the insurance period before the end of the insurance period, the insurer shall be responsible for that period only that part of the premium which corresponds to the period in which the insurance policy has existed. If the insurance relationship is terminated by resignation on the basis of section 19 (2) or by dispute of the insurer due to fraudulent deception, the insurer shall be responsible for the premium up to the date of effect of the declaration of resignation or the declaration of appeal. If the insurer resigns in accordance with Section 37 (1), he may charge an appropriate business fee. (2) Ends the insurance ratio in accordance with § 16, the policyholder may be entitled to the period after the termination of the insurance relationship the part of the premium shall be recovered, with the deduction of the costs incurred for that period. Unofficial table of contents

§ 40 Termination in the case of premium increase

(1) In the event that the insurer increases the premium on the basis of an adjustment clause without the extent of the insurance cover changing accordingly, the policyholder may, within one month of receipt of the insurer's notice, be entitled to the contract with immediate effect, but at the earliest at the date of the increase in the increase. The insurer shall inform the policyholder of the right to terminate the contract in the notice. The notification must be received by the policyholder at the latest one month before the increase in the premium becomes effective. (2) Paragraph 1 shall apply accordingly if, on the basis of an adjustment clause, the insurer is entitled to the extent of the insurance cover. , without reducing the premium accordingly. Unofficial table of contents

Section 41 reduction of the premium

If a higher premium has been agreed on account of certain circumstances in which the person is travelling, and if these circumstances have fallen or become meaningless after the claimant has submitted an application or after the contract has been concluded, the policyholder may request: the premium shall be adequately reduced from the point of view of the failure of the insurer to the insurer. This shall also apply where the assessment of the higher premium has been caused by incorrect information, based on a mistake made by the policyholder, on such a circumstance. Unofficial table of contents

Section 42 Deviating agreements

§ 33 (2) and § § 37 to 41 cannot be dismissed to the detriment of the policyholder.

Section 4
Foreign account insurance

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Section 43 Definitions

(1) The policyholder may conclude the insurance contract in his own name for another person, with or without the name of the person of the insured person (insurance for foreign account). (2) If the insurance contract is for another , even if it is named, it is to be assumed, in doubt, that the policyholder does not act as a representative, but in his own name for a foreign invoice. (3) In the circumstances, the insurance contract does not exist for an insurance contract for a , it shall be deemed to have been closed for its own account. Unofficial table of contents

Section 44 Rights of the insured person

(1) In the case of insurance for foreign account, the rights arising from the insurance contract are to the insured person. The transfer of the insurance bill may, however, require only the policyholder. (2) The insured person can only have his or her rights without the consent of the policyholder and can assert these rights in court if he/she is in the Possession of the insurance bill. Unofficial table of contents

Section 45 Rights of the policyholder

(1) The policyholder may have in his own name the rights granted to the insured person under the insurance contract. (2) If an insurance certificate is issued, the policyholder shall be accepted without the consent of the insured person. the performance of the insurer and the transfer of the rights of the insured person only if he is in possession of the insurance bill. (3) The insurer is only obliged to provide the policyholder when the insured person is in possession of the insured person's insurance certificate. Consent to the insurance has been granted. Unofficial table of contents

Section 46 Rights between policyholders and insurers

The policyholder is not obliged to extradite the insured person or, in the case of his assets, the insolvency proceedings to extradite the insolvency mass to the insurance certificate before he/she is in breach of the insured person in respect of his claims against the insured person. Reference to the insured cause is satisfied. He can satisfy himself for these claims from the compensation claim against the insurer and after their confiscation from the compensation sum before the insured person and its creditors. Unofficial table of contents

Section 47 Knowledge and behaviour of the insured person

(1) As far as the knowledge and conduct of the policyholder are of legal significance, the knowledge and behaviour of the insured person must also be taken into account in the insurance for foreign account. (2) The knowledge of the insured person is shall not be taken into account if the contract has been concluded without its knowledge or if it has not been possible or cannot be reasonably expected to be notified to the policyholder in good time. The insurer needs the objection that the contract has been concluded without the knowledge of the insured, not to be subject to itself if the policyholder closes the contract without the contract of the insured person and when the contract is concluded to the insured person Insurer has not indicated that it closes the contract without the contract of the insured person. Unofficial table of contents

§ 48 Insurance for invoice "whom it is concerned"

§ § § 43 to 47 shall apply if the insurance for invoice "whom it concerns" is taken or is to be inferred in any other way that it is to remain indeterminate whether an interest of its own or a foreign interest is insured, if the circumstances are to be applied shows that foreign interest is insured.

Section 5
Provisional coverage

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Section 49 Content of the Treaty

(1) In the case of an insurance contract, the essential content of which is the granting of provisional coverage by the insurer, it may be agreed that the policyholder shall be subject to the terms and conditions of the contract and to the information in accordance with § 7 (1) in the following: To be communicated with a legal regulation pursuant to § 7 (2) only on request and at the latest with the insurance certificate from the insurer. Sentence 1 shall not apply to a distance contract in the sense of Section 312c of the Civil Code. (2) If the General Insurance Conditions are not communicated to the policyholder at the time of the conclusion of the contract, the insurers shall become the the conditions normally used for the provisional insurance cover, in the absence of such conditions, the conditions used by the insurer for the main contract, even without any express reference to the contract. Where there are doubts as to which conditions are to be applied to the contract, the terms and conditions used by the insurer at the time of the conclusion of the contract, which are the most favourable for the policyholder, shall be part of the contract. Unofficial table of contents

§ 50 Non-accession of the main contract

If the policyholder is obliged to pay a premium for the provisional cover in the event of the non-payment of the main contract, the insurer shall be entitled to a part of the provisional cover corresponding to the duration of the provisional cover. Premium to be paid in the event of the main contract being concluded for the said contract. Unofficial table of contents

§ 51 Award payment

(1) The start of the insurance cover may be made subject to the payment of the premium, provided that the insurer provides the policyholder with a separate notification in text form or by a conspicuous note in the insurance certificate. (2) Paragraph 1 cannot be dismissed to the detriment of the policyholder. Unofficial table of contents

Section 52 Termination of the Treaty

(1) The contract of provisional cover shall end at the latest at the date on which a similar insurance cover begins after a main contract concluded by the policyholder or another contract on provisional cover. If the start of the insurance cover is subject to the payment of the premium by the policyholder under the main contract or the other contract of provisional cover, the contract shall terminate in the event of a non-payment of the premium or the payment of the premium. Late payment of the premium by way of derogation from the first sentence no later than the date on which the policyholder is in default with the premium payment, provided that the insurer is in text form or in writing by separate notification or by a conspicuous note in the insurance certificate to this legal sequence (2) Paragraph 1 shall also apply if the policyholder closes the main contract or the further contract with another insurer on provisional cover. The policyholder has to inform the former insurer of the contract without delay. (3) If the main contract is concluded with the insurer with which the contract is provisional, the policyholder will not be able to do so because the policyholder is If the contract is revoked in accordance with § 8 or declares a contradiction in accordance with § 5 (1) and (2), the contract shall terminate at the latest with the access of the revocation or the objection to the insurer at the latest. (4) If the contractual relationship is an indefinite period of time, each Contracting Party may conclude the contract without complying with a Terminate the deadline. However, the dismissal of the insurer shall not take effect until two weeks after the date of access. (5) paragraphs 1 to 4 may not deviate to the detriment of the policyholder.

Section 6
Current Insurance

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§ 53 Registration requirement

If a contract is concluded in such a way that the insured interest is referred to only in the case of the conclusion of the contract and only after its creation is given up by the insurer individually (current insurance), the policyholder is requires either the insured risks individually or, if the insurer has waived, to declare the agreed premium basis without delay or, if agreed, to apply for cover-up. Unofficial table of contents

Section 54 violation of the obligation to declare

(1) If the policyholder has failed to register a insured risk or the agreed amount of the premium or the application for the cover commitment, the insurer shall not be obliged to perform the performance. This does not apply if the policyholder has neither intentionally nor grossly negligently infringed the notification or application obligation and the application or the application immediately after gaining knowledge of the error has been recovered or rectified. (2) Last The insurer may terminate the contract without notice by the policyholder in advance of the obligation to apply or to make an application. The insurance of individual risks for which the insurance cover has commenced shall remain, unless otherwise agreed, beyond the end of the current insurance up to the date on which the agreed duration of the insurance of these individual risks. The insurer may also require the premium to be paid up to the date of the termination of the termination if the policyholder had fulfilled the obligation to declare. Unofficial table of contents

Section 55 Individual police

(1) If an insurance certificate has been issued for a single risk (individual policy) or an insurance certificate in the case of a current insurance, the insurer is only obliged to perform the certificate on presentation of the certificate. The certificate shall be delivered to the holder of the document. (2) If the document has been signed or destroyed, the insurer shall not be obliged to perform until the document has been declared to be force-free or if security is provided; a Security performance by guarantor is excluded. This also applies to the insurer's obligation to issue a certificate of replacement. (3) The content of the individual policy or of an insurance certificate shall be deemed to have been approved by the policyholder by way of derogation from § 5, if the policyholder does not immediately after the transmission. The right of the policyholder to contest the authorisation for error shall remain unaffected. Unofficial table of contents

Section 56 Violation of the obligation to notify

(1) By way of derogation from Section 19 (2), the resignation of the insurer shall be excluded in the event of a breach of the obligation to notify; the insurer may, within one month from the date on which he is aware of the circumstance that is not displayed or inaccurate, , terminate the contract and refuse to perform. The insurer shall remain committed to the performance insofar as the circumstance which is not or inappropriately displayed was not the reason for the occurrence of the insurance case or the extent of the service obligation. (2) Refuse the insurer to the performance, the Policyholders terminate the contract. The right of termination shall be terminated if it is not exercised within a period of one month from the date on which the policyholder is entitled to the insurer's decision to refuse the service. Unofficial table of contents

Section 57 Risk change

(1) The policyholder shall immediately notify the insurer of any change in the risk. (2) If the policyholder has not indicated a risk increase, the insurer shall not be obliged to perform the performance if the insurance case is based on the The time at which the complaint should have been made to the insurer must be entered into. He's committed to performance,

1.

if the increase in danger was known to him at the time when the ad had to be displayed,

2.

if the notification obligation has not been intentionally or grossly negligently violated; or

3.

in so far as the increase in danger was not causally responsible for the entry of the insurance case or the extent of the service obligation.

(3) By way of derogation from § 24, the insurer shall not be entitled to terminate the contract due to a risk increase. Unofficial table of contents

§ 58 Obliegenheitsinjury

(1) In the event of a current insurance policy, the policyholder culpably has a liability to be fulfilled prior to the occurrence of the insurance case, the insurer is in relation to an insured individual risk, for which the injured oblieority is (2) In the event of culpable violation of an obligation, the insurer may terminate the contract within one month after having gained knowledge of the breach with a period of one month.

Section 7
Insurance intermediary, insurance consultant

Subsection 1
Participation and advisory obligations

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Section 59 Definitions

(1) Insurance intermediaries in the meaning of this Act are insurance agents and insurance brokers. (2) Insurance agents in the meaning of this Act are who are entrusted by an insurer or an insurance agent with a commercial basis. (3) The insurance broker in the meaning of this Act is who, on a commercial basis, takes over the mediation or conclusion of insurance contracts for the contracting entity, without any insurer or by any other insurance company. to be entrusted to an insurance agent. As an insurance broker, the person who appears to the policyholder is considered to be an insurance broker in accordance with the first sentence of the first sentence. (4) The insurance adviser in the meaning of this law is who is a third party in the agreement, Change or review of insurance contracts or in the performance of claims arising from insurance contracts in the event of an insurance contract or represent them out of court with respect to the insurer, without an insurer from an economic Advantage to be given or otherwise dependent on it. Unofficial table of contents

Section 60 Consultative basis of the insurance intermediary

(1) The insurance broker is obliged to give its advice a sufficient number of insurance contracts and insurers on the market so that, according to professional criteria, it can make a recommendation to the effect that: The insurance contract is designed to meet the needs of the policyholder. This shall not apply in so far as it expressly points out, in individual cases before the policyholder ' s declaration of contract is submitted, a limited selection of insurance and contracts. (2) The insurance broker who, in accordance with the second sentence of paragraph 1, applies to an insurance broker. restricted selection, and the insurance representative shall inform the policyholder of the market and information basis on which they perform their performance and indicate the names of the insurers to which their advice is based. The insurance representative shall also indicate which insurers he is carrying out his activity and whether he is acting exclusively for them. (3) The policyholder may rely on the communications and particulars referred to in paragraph 2 by a separate in writing. Unofficial table of contents

Section 61 Advisory and documentation requirements of the insurance intermediary

(1) The insurance intermediary shall have the policyholder, in so far as it is difficult to assess the insurance offered, or the person of the policyholder and the situation of the policyholder, in accordance with his or her wishes and questions and, also taking into account an appropriate relationship between the expenditure of advice and the premiums to be paid by the policyholder, and the reasons for each of the Council's specific insurance policy . It must be documented in accordance with § 62, taking into account the complexity of the insurance contract offered. (2) The policyholder may rely on the advice or documentation referred to in paragraph 1 by means of a separate written declaration , in which it is expressly pointed out by the insurance intermediary that a waiver of the possibility of the policyholder can have an adverse effect, against the insurance intermediary, a claim for compensation in accordance with § 63 to assert. Unofficial table of contents

Section 62 Date and form of information

(1) The policyholder shall be provided with the information in accordance with § 60 (2) before submitting his/her contractual declaration, the information in accordance with § 61 (1) before the conclusion of the contract is to be transmitted in a clear and comprehensible form in writing. (2) The information referred to in paragraph 1 may be transmitted orally if the policyholder wishes to do so or if and to the extent that the insurer grants temporary cover. In such cases, the information shall be transmitted immediately after the conclusion of the contract, at the latest with the insurance certificate, to the policyholder in text form; this shall not apply to contracts relating to provisional cover in the case of compulsory insurance. Unofficial table of contents

Section 63 Claims for damages

The insurance intermediary is obliged to compensate for the damage caused to the policyholder by the breach of a duty according to § 60 or § 61. This shall not apply if the insurance intermediary does not have to represent the breach of duty. Unofficial table of contents

Section 64 Payment insurance for the benefit of the policyholder

An authorisation of the insurance intermediary by the policyholder to accept the benefits of the insurer to be provided to the policyholder by reason of an insurance contract shall be subject to a separate written declaration by the policyholder. Unofficial table of contents

§ 65 Major risks

§ § 60 to 63 do not apply to the mediation of insurance contracts on major risks in the sense of Section 210 (2). Unofficial table of contents

Section 66 Other exceptions

§ § 60 to 64, 69 (2) and § 214 do not apply to insurance intermediaries in the sense of Section 34d (9) No. 1 of the Commercial Code. Unofficial table of contents

Section 67 Variant agreements

§ § 60 to 66 cannot be dismissed to the detriment of the policyholder. Unofficial table of contents

§ 68 Insurance adviser

The provisions of Section 60 (1) sentence 1, section 61 (1) and § § 62 to 65 and 67 of insurance brokers shall apply accordingly to insurance advisers. Further obligations of the insurance adviser from the contract of contract remain unaffected.

Subsection 2
Representative power

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Section 69 Legal power

(1) The insurance representative shall be deemed to be authorised to:

1.

applications for the conclusion of an insurance contract and their revocation, as well as the advertisements and other declarations to be issued before the conclusion of the contract,

2.

Applications for renewal or amendment of an insurance contract and its revocation, dismissal, resignation and other statements relating to the insurance relationship, and those to be resigned during the period of the insurance relationship to receive ads from the policyholder and

3.

the insurance certificates or renewal certificates issued by the insurer must be sent to the policyholder.

(2) The insurance representative shall be deemed to be empowered to accept payments made to him by the policyholder in connection with the mediation or conclusion of an insurance contract. The policyholder must be subject to a restriction of this authority only if he knew the restriction on the acceptance of the payment or if he did not know about it as a result of gross negligence. (3) The policyholder bears the burden of proof for the submission or the content of an application or other declaration of intent pursuant to paragraph 1 (1) and (2). The burden of proof of the breach of the obligation to notify or of the policyholder ' s obligation shall be borne by the insurer. Unofficial table of contents

Section 70 Knowledge of the insurance agent

Insofar as the knowledge of the insurer is significant under this law, the knowledge of the insurance representative is the same as the knowledge of the insurer. This shall not apply to the knowledge of the policyholder which he has obtained outside his activity as a representative and without any connection with the insurance contract in question. Unofficial table of contents

Section 71 Final power

If the insurance representative is authorized to conclude insurance contracts, he is also entitled to agree to the amendment or extension of such contracts, as well as to make dismissal and resignation statements. Unofficial table of contents

Section 72 Restriction of the power of representation

A limitation of the power of representation to the insurance representative pursuant to § § 69 and 71 by general insurance conditions is ineffective in relation to the policyholder and third parties. Unofficial table of contents

§ 73 Employees employed and non-professional intermediaries

§ § 69 to 72 are to employees of an insurer who are entrusted with the mediation or conclusion of insurance contracts, and to persons who, as representatives, impart or conclude insurance contracts on their own, without To be active on a commercial basis.

Chapter 2
Claims Insurance

Section 1
General provisions

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Section 74 Overinsurance

(1) In the event that the insured sum exceeds the value of the insured interest (insurance value), each Contracting Party may require that the sum insured for the elimination of overinsurance be subject to a proportionate reduction of the premium shall be reduced with immediate effect. (2) The policyholder shall close the contract with the intention to obtain an unlawful asset from the overinsurance, the contract shall be void; the insurer shall be entitled to the premium up to: the date on which it is based on the circumstances giving rise to the invalidity; Knowledge gained. Unofficial table of contents

§ 75 Sub-insurance

If the insurance sum is considerably lower than the insurance value at the time of the entry of the insurance case, the insurer is only obliged to provide the benefit according to the ratio of the insurance sum to this value. Unofficial table of contents

§ 76 Taxe

The insurance value may be fixed by agreement to a certain amount (taxe). The taxe shall also be deemed to be the value which the insured interest has at the entry of the insurance case, unless it exceeds the actual insurance value significantly at that time. If the insurance sum is lower than the taxe, the insurer, even if the taxe is significantly translated, shall only replace the damage according to the ratio of the sum insured to the taxe. Unofficial table of contents

§ 77 Multiple insurers

(1) Anyone who has an interest in the same risk for several insurers shall be obliged to inform each insurer of the other insurance without delay. The notice shall indicate the other insurer and the sum insured. (2) If, with regard to the same interest in an insurer, the loss of profits is insured against another insurer of the other damage, paragraph 1 shall be: shall apply accordingly. Unofficial table of contents

§ 78 Liability for multiple insurance

(1) In the case of a number of insurers, if an interest is insured against the same risk and the sums of insurance together exceed the insurance value or, for other reasons, exceed the sum of the compensation paid by each insurer without If the other insurance is to be paid, the total damage (multiple insurance), the insurers shall be liable as the full debtor in such a way that each insurer must pay the amount to be paid by the insurer under the contract, the amount of which shall be paid by the insurer under the contract. However, policyholders as a whole may not claim more than the amount of the damage. (2) The Insurers are obliged in proportion to each other in proportion to the amounts they have to pay to the policyholder in accordance with the respective contract. Where a foreign law applies to one of the insurance companies, the insurer to whom the foreign law applies may be entitled, against the other insurer, to claim compensation only if he or she himself has the right to determine the right to pay for the insurance. (3) If the policyholder has agreed to a multiple insurance with the intention of obtaining an unlawful asset advantage, any contract concluded in that intention shall be void; the Insurers shall be responsible for the premium up to the date on which they are not responsible for (c) knowledge of the environment. Unofficial table of contents

Section 79 Elimination of multiple insurance

(1) If the policyholder has concluded the contract by which the multiple insurance is incurred, without knowledge of the creation of the multiple insurance, he may require that the contract concluded subsequently be revoked or the (2) Paragraph 1 is also to be applied if the multiple insurance is incurred as a result of the fact that the amount of the insurance is reduced to the amount of the partial amount not covered by the previous insurance. Conclusion of the several insurance contracts of the insurance value has fallen. Where, in this case, the various insurance contracts have been concluded simultaneously or in agreement with the insurer, the policyholder may only require the ratio of the sums insured and the premiums to be reduced. Unofficial table of contents

§ 80 Fehlender insured interest

(1) The policyholder is not obliged to pay the premium if the insured interest does not exist at the beginning of the insurance; this shall also apply if the interest in an insurance company that is for a future company or for an insurance company other future interest is not being created. The insurer may, however, require a reasonable business fee. (2) If the insured interest is away from the start of the insurance policy, the insurer is entitled to the premium that he could have claimed if the insurance is only up to the insurance company's insurance company. (3) If the policyholder has insured a non-existent interest in the intention to obtain an unlawful asset benefit, the policyholder has to be informed of the lack of interest in the case. , the contract shall be void; the insurer shall be subject to the premium until the date of the date of , to which it is aware of the circumstances which give rise to the invalidity. Unofficial table of contents

Section 81 Heralting of the insurance policy

(1) The insurer is not obligated to perform if the policyholder intentionally induces the insurance case. (2) If the policyholder grossly negligently leads the insurance case, the insurer shall be entitled to To reduce the rate of performance in proportion to the seriousness of the policyholder's fault. Unofficial table of contents

Section 82 Application and reduction of the damage

(1) The policyholder shall, upon the entry of the insurance case, have the option of wasting and reducing the damage as far as possible. (2) The policyholder shall comply with instructions from the insurer, as far as it is reasonable for him, as well as instructions , if circumstances permit. If a number of insurers involved in the insurance contract issue different instructions, the policyholder shall act in accordance with the discretion of the policyholder. (3) In the event of a breach of the law referred to in paragraphs 1 and 2, the insurer shall not be for performance, if the policyholder has deliberately breached the oblieority. In the event of a grossly negligent breach, the insurer shall be entitled to reduce its performance in a proportion corresponding to the seriousness of the policyholder's fault; the burden of proof for the non-existence of a rough Negligence shall be borne by the policyholder. (4) By way of derogation from paragraph 3, the insurer shall be obliged to perform, in so far as the breach of the obligation is neither for the determination of the insurance case nor for the determination or the extent of the said insurance. The obligation to provide services is causal. Sentence 1 shall not apply if the policyholder has fraudulently infringed the oblieority. Unofficial table of contents

Section 83 Application for remission

(1) The insurer shall reimburse the expenses of the policyholder in accordance with Section 82 (1) and (2), even if they remain unsuccessfully, to the extent that the policyholder was allowed to keep them in the circumstances. The insurer has to pre-shoot the amount required for the expenses at the request of the policyholder. (2) If the insurer is entitled to reduce its performance, it may also reduce the application rate in accordance with paragraph 1 accordingly. (3) Expenses of the policyholder, which he makes according to the instructions of the insurer, shall also be reimbursed to the extent that, together with the other compensation, they exceed the sum insured. (4) In the case of animal insurance, the costs include: the feeding and care as well as the costs of the veterinary Examination and treatment not to the expenses to be reimbured by the insurer referred to in paragraphs 1 to 3. Unofficial table of contents

Section 84 Expert procedure

(1) If, according to the contract, individual conditions of the claim arising from the insurance or the amount of the damage are to be determined by experts, the determination made is not binding if it appears to be of the real state of affairs differs considerably. The determination shall be made in this case by judicial decision. This also applies if the experts cannot or do not wish to make the determination or delay them. (2) If, according to the Treaty, the experts are to be appointed by the court, the district court is responsible for the appointment, in the district of which the damage has occurred. An explicit agreement between the parties may give rise to the jurisdiction of another local court. The availability of the application for the appointment of the experts shall not be countervailable. Unofficial table of contents

§ 85 Claims for damage

(1) The insurer shall reimburse the policyholder the costs arising from the identification and determination of the damage to be replaced by the policyholder, in so far as its application was in accordance with the circumstances. Such costs shall also be reimbursed to the extent that, together with the other compensation, they exceed the sum insured. (2) The costs incurred by the policyholder by the award of an expert or by the assistance shall be borne by the Insurers shall not be reimbursed unless the policyholder has been contractually obligated or requested by the insurer. (3) If the insurer is entitled to reduce his/her performance, he may also be entitled to charge the cost of the shall be shortened accordingly. Unofficial table of contents

Section 86 Transition of replacement claims

(1) If the policyholder is entitled to a replacement claim against a third party, this claim shall be made to the insurer, insofar as the insurer replaces the damage. The transfer cannot be claimed to the detriment of the policyholder. (2) The policyholder has his replacement claim or a right serving to secure this right, in compliance with the applicable form and time limits , and to assist in its enforcement by the insurer to the extent necessary. If the policyholder intentionally violates this responsibility, the insurer is not obliged to perform the service in so far as it cannot obtain a replacement from the third party as a result. In the event of a grossly negligent breach of security, the insurer shall be entitled to reduce its performance in proportion to the seriousness of the policyholder's fault; the burden of proof for non-existence of an insurance undertaking shall be entitled to The policyholder bears a gross negligence. (3) The policyholder's claim for compensation against a person with which he lives in the event of the occurrence of the damage in the domestic community cannot be claimed by the transfer referred to in paragraph 1. unless that person has caused the damage intentionally. Unofficial table of contents

Section 87 Deviating agreements

§ § 74, 78 (3), § § 80, 82 to 84 (1) sentence 1 and § 86 may not be dismissed to the detriment of the policyholder.

Section 2
Insurance

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Section 88 Insurance value

Unless otherwise agreed, the insurance value shall be deemed to be an insurance value if the insurance relates to a case or an epitome of property, the amount paid by the policyholder at the time of the entry of the insurance policy for the Repurchase or re-establishment of the insured item in new condition, with deduction of the difference between old and new inferior value. Unofficial table of contents

Section 89 Insurance for the epitome of things

(1) Insurance which is taken for an epitome of goods comprises the matters relating to the epitome of the term. (2) If the insurance is taken for an epitome of goods, it shall cover the items of the persons with whom the goods are to be covered by the insurance. The insured person shall be resident in the domestic community at the time of the occurrence of the damage, or who shall be in a service relationship with the policyholder at that time and shall carry out his activity in the place for which the insurance is valid. The insurance shall be deemed to have been taken into account for foreign account. Unofficial table of contents

§ 90 Extended Expenditure Replacement

If the policyholder makes expenses in order to avert an imminent insurance case or to reduce its impact, the first sentence of section 83 (1), subsection (2) and (3) shall apply accordingly. Unofficial table of contents

Section 91 Remuneration of compensation

The compensation to be paid by the insurer shall be galvanissed after expiry of one month since the indication of the insurance case for the year at 4 per cent, unless higher interest rates may be required from another legal reason. The course of the period shall be inhibited as long as the damage cannot be ascertained as a result of a fault on the part of the policyholder. Unofficial table of contents

Section 92 Termination after insurance case

(1) After the entry of the insurance case, each Contracting Party may terminate the insurance relationship. (2) The notice of termination shall be admissible only up to the end of one month since the conclusion of the negotiations on the compensation. The insurer has to comply with a notice period of one month. The policyholder cannot terminate at a later date than the end of the current insurance period. (3) In the case of hail insurance, the insurer may terminate only for the conclusion of the insurance period in which the insurer The insurance case has occurred. If the policyholder announces for an earlier date than the conclusion of this insurance period, the insurer shall nevertheless be at the premium for the current insurance period. Unofficial table of contents

§ 93 Recovery clause

If the insurer is obliged under the contract to pay a part of the compensation only in the case of the restoration or recovery of the insured thing, the policyholder may pay the payment of an amount exceeding the insurance value. Do not require any amount until recovery or recovery is secured. The policyholder shall be obliged to repay the compensation paid by the insurer less the insurance value of the item if the case is not within a reasonable amount due to a fault of the policyholder. period has been restored or recovered. Unofficial table of contents

Section 94 Effectiveness of payment to mortgage creditors

(1) In the case of § 93 sentence 1, a payment made without the restoration or recovery of a mortgage creditor shall be effective in respect of a mortgage creditor only if the insurer or the policyholder has informed him that: (2) Insofar as the amount of compensation is not used for a restoration or re-procurement in accordance with the provisions of the Treaty, the amount of the compensation shall not be used for the purpose of securing the guarantee. , the insurer may have an effect against a mortgage creditor (3) The mortgage creditor may, until the expiry of the period of one month to the date of expiry of the period of one month, pay the mortgage creditor to the mortgage creditor. (3) The mortgage creditor may not be able to pay the mortgage creditor until the end of the period of one month. Insurers are opposed to the payment. The communications referred to in paragraphs 1 and 2 may not be notified if they would require an unreasonable effort, in which case the period shall expire from the date on which the amount of compensation is due. (4) The mortgage creditor has his mortgage (5) The provisions of paragraphs 1 to 4 shall apply to the insurer, a payment which shall be made without the restoration or recovery of the mortgage creditor shall be effective against the mortgage creditor. are to be applied accordingly if the property is based on a basic debt, Pension liability or residual load is burdened. Unofficial table of contents

§ 95 Sale of the insured item

(1) If the insured case is sold by the policyholder, the acquirer shall enter into the rights and obligations of the policyholder arising out of the insurance relationship during the period of his or her ownership. (2) The The transferor and the transferee shall be liable for the premium, which is attributable to the period of the insurance period running at the date of entry of the acquirer, as the total debtor. (3) The insurer shall not be subject to the entry of the acquirer until he/she has has become aware of this. Unofficial table of contents

§ 96 Termination after disposal

(1) The insurer shall be entitled to terminate the insurance relationship with the acquirer of a insured item, subject to a period of one month. The right of termination shall be terminated if it is not exercised by the divestment within a period of one month from the knowledge of the insurer. (2) The acquirer is entitled to the insurance relationship with immediate effect or for the conclusion of the current Insurance period. The right of termination shall be terminated if it is not exercised within one month after the acquisition, in the absence of knowledge of the acquirer of the existence of the insurance within one month from the acquisition of the knowledge. (3) In the case of termination of the The insurance relationship referred to in paragraph 1 or 2 shall be subject to the disposal of the transferor in order to pay the premium; there is no liability of the transferee for the premium. Unofficial table of contents

Section 97 Display of the sale

(1) The divestment shall be reported to the insurer by the transferor or acquirer without delay. If the notice is not displayed, the insurer shall not be obliged to perform if the insurance case occurs later than one month after the date on which the advertisement should have been received by the insurer, and the insurer shall be responsible for the (2) By way of derogation from the second sentence of paragraph 1, the insurer shall be obliged to perform the contract if the divestment was known at the time when the advertisement should have been notified to the insurer, or, at the time of the entry of the insurance case, the period for the termination of the Insurers had expired and he didn't quit. Unofficial table of contents

Section 98 Protection of the acquirer

The insurer cannot rely on a provision of the insurance contract, which deviates from the § § 95 to 97 to the detriment of the acquirer. However, the written form or the text form can be determined for the termination of the acquirer pursuant to section 96 (2) and the display of the divestiment. Unofficial table of contents

§ 99 Forced auction, acquisition of the right of use

If the ownership of the insured thing proceeds by way of forced auction, or if a third party acquires the right to obtain insured ground products on the basis of an abuse, a lease contract or a similar relationship, § § 95 to 98 shall apply accordingly.

Part 2
Individual classes of insurance

Chapter 1
Liability insurance

Section 1
General provisions

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§ 100 Performance of the insurer

In the case of civil liability insurance, the insurer is obliged to exempt the policyholder from claims made by a third party on the basis of the liability of the policyholder for a period of insurance during the insurance period. The fact is to be invoked and to ward off unsubstantiated claims. Unofficial table of contents

Section 101 Costs of legal protection

(1) The insurance also includes the judicial and extra-judicial costs incurred as a result of the defenses of claims asserted by a third party, insofar as the cost of the costs is necessary in the circumstances. The insurance shall also cover the costs of defence incurred by the insurer in a criminal proceedings initiated on the basis of an act which is the responsibility of the policyholder with regard to a third party. Sequence could have. The insurer shall have the costs to be incurred at the request of the policyholder. (2) If an insurance sum is determined, the insurer shall have the costs of a legal dispute and the costs of the defence referred to in paragraph 2. 1 sentence 2 shall also be replaced in so far as, together with the expenses of the insurer for the exemption of the policyholder, they exceed the insurance sum. This also applies to interest which the policyholder owes to him as a result of a delay in the satisfaction of the third party caused by the insurer. (3) If the policyholder has been left behind, the execution of a court decision by security or deposit, the insurer shall have the security or deposit to effect. This obligation exists only up to the amount of the sum insured; if the insurer under paragraph 2 is obligated beyond this amount, the sum of the insurance sum shall be added to the amount of the additional amount. The insurer shall be free from the obligation laid down in the first sentence if it recognises the claim of the third party to the policyholder as justified. Unofficial table of contents

§ 102 Liability insurance

(1) If the insurance is for a company, it shall cover the liability of the persons empowered to represent the undertaking and the persons who are in a service relationship with the company. (2) If the company is sold to a third party or is accepted by a third party on the basis of a rivet consumption, a lease contract or a similar relationship, the third party shall enter into contact with the third party. The policyholder shall be included in the rights and obligations arising out of the insurance relationship during the period of his entitlement. § 95 (2) and (3) as well as § § 96 and 97 are to be applied accordingly. Unofficial table of contents

Section 103 Heralguidance of the insurance policy

The insurer is not obligated to perform if the policyholder has intentionally and unlawfully brought about the damage suffered by the third party. Unofficial table of contents

§ 104 Display obligation of the policyholder

(1) The policyholder shall, within a week, notify the insurer of the facts which may result in his or her responsibility vis-à-vis a third party. If the third party asserts its claim against the policyholder, the policyholder shall be obliged to display within one week of the assertion. (2) If a claim is brought against the policyholder, the policyholder shall be subject to legal proceedings. , he shall immediately notify the insurer of any request for legal aid or if the dispute is promulgated to him by court. This shall also apply if an investigative procedure is initiated against the policyholder on the grounds of the claim for loss of damage. (3) In order to respect the time limits set out in paragraphs 1 and 2, it is sufficient to send the advertisement in good time. Section 30 (2) shall apply accordingly. Unofficial table of contents

§ 105 Recognition of the policyholder

An agreement according to which the insurer is not obliged to perform, if without his consent the policyholder satisfies the third party or recognizes the claim, is ineffective. Unofficial table of contents

§ 106 Due date of the insurance

The insurer shall have the policyholder within two weeks from the date on which the claim by the third party with binding effect for the insurer has been determined by a final judgment, recognition or comparison, by the insurer the right of the third party to be exempt. If the third party has been satisfied by the policyholder with a binding effect for the insurer, the insurer shall pay the compensation to the policyholder within two weeks after the third party's satisfaction. Costs which are to be replaced in accordance with § 101 shall be paid by the insurer within two weeks of the notification of the calculation. Unofficial table of contents

§ 107 Pension claim

(1) If the policyholder is obliged to pay a pension to the third party, the insurer shall be obliged to pay only a proportionate part of the pension if the insured sum does not reach the capital value of the pension. (2) Policyholders for the pension owed by him to the third power of the law shall extend the obligation of the insurer to the performance of the security. Paragraph 1 shall apply accordingly. Unofficial table of contents

Section 108 available on the right of exemption

(1) Injunctions of the policyholder against the insurer against the insurer shall be ineffector to the third party. The legal service is available in the way of enforcement or execution of the law. (2) The assignment of the exemption entitlement to the third party cannot be ruled out by general insurance conditions. Unofficial table of contents

Section 109 Multiple victims

If the policyholder is responsible to several third parties and exceeds their claims, the insurer has to meet these claims in accordance with the ratio of their amounts. If the insured sum is exhausted, a third party not taken into consideration in the distribution of the insurance may subsequently not rely on Section 108 (1) if the insurer did not count on the assertion of these claims and also did not consider the insurance funds. had to count. Unofficial table of contents

Section 110 Insolvency of the policyholder

If the insolvency proceedings are opened over the assets of the policyholder, the third party may, on account of the claim to which he is entitled against the policyholder, request a separate satisfaction from the policyholder's right to release the insurance. Unofficial table of contents

Section 111 Termination after insurance case

(1) If the insurer has recognized or wrongly rejected the claim of the policyholder after the entry of the insurance case, each Contracting Party may terminate the insurance relationship. This shall also apply if the insurer grants the policyholder the instruction to have it come to the litigation over the claim of the third party. (2) The termination of the notice is only within one month since the recognition or rejection of the Entitlement to exemption, or since the legal force of the judgment given in the dispute with the third party, shall be admissible. § 92 (2) sentence 2 and 3 shall apply. Unofficial table of contents

Section 112 Differing agreements

§ § 104 and 106 cannot be dismissed to the detriment of the policyholder.

Section 2
Compulsory insurance

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Section 113 compulsory insurance

(1) Liability insurance, which is to be concluded with an obligation through legislation (compulsory insurance), must be concluded with an insurance undertaking authorised to operate domestily. (2) The insurer shall have the following: (3) The provisions of this section shall also be applied in so far as the insurance policy is to be applied in such a way as to ensure that the insurance policy is not covered by the provisions of the Insurance contract one above the minimum requirements -out of cover. Unofficial table of contents

Section 114 Scope of the insurance cover

(1) In the case of compulsory insurance, the minimum insurance sum shall be EUR 250,000 per insurance case and one million euros for all insurance cases of an insurance year, unless otherwise provided by law. (2) Insurance contract may determine the content and scope of compulsory insurance in more detail, insofar as this does not endanger the achievement of the respective purpose of compulsory insurance and is not expressly determined otherwise by law. A deductitiy of the policyholder cannot be withheld from the third party and cannot be asserted against a co-insured person. Unofficial table of contents

Section 115 Direct appeal

(1) The third party may assert his right to compensation against the insurer,

1.

if it is a liability insurance for the fulfilment of an insurance obligation under the compulsory insurance act, or

2.

where the insolvency proceedings have been opened or the opening application has been dismissed by the policyholder's assets or a provisional insolvency administrator has been appointed, or

3.

if the stay of the policyholder is unknown.

The claim is within the scope of the insurer's obligation to benefit from the insurance relationship and, insofar as a service obligation does not exist, within the scope of section 117 (1) to (4). The insurer has to pay the damages in money. The insurer and the policyholder liable to the replacement shall be liable as a total debtor. (2) The claim referred to in paragraph 1 shall be subject to the same limitation period as the claim for damages against the policyholder liable to compensation. The limitation period shall begin with the date on which the period of limitation of the claim for damages shall commence against the policyholder liable to pay; however, it shall expire no later than ten years from the date of the occurrence of the damage. If the claim of the third party has been notified to the insurer, the limitation period shall be inhibited until the date on which the decision of the insurer is to be sent to the claimant in text form. The inhibition, the curbing and the new beginning of the period of limitation of the claim against the insurer also have an effect on the policyholder who is liable to pay and vice versa. Unofficial table of contents

Section 116 Total debtors

(1) In the ratio of the total debtors in accordance with Section 115 (1) sentence 4 to each other, the insurer shall be obliged alone to the extent that it is obligated to the policyholder from the insurance relationship with the performance. In so far as such an obligation does not exist, its relationship with each other shall be undertaken by the policyholder alone. The insurer may demand compensation for expenses which he may have considered necessary. (2) The limitation of the claims arising from paragraph 1 shall begin with the end of the year in which the claim of the third party is fulfilled. . Unofficial table of contents

§ 117 obligations to third parties

(1) If the insurer is free from the obligation to provide the policyholder with respect to all or part of the policyholder, his obligation shall nevertheless remain in the appearance of the third party. (2) A circumstance which does not exist or the termination of the service. of the insurance relationship shall not affect the appearance of the third party until the expiry of a month, after the insurer has indicated that circumstance by the competent authority. This shall also apply if the insurance relationship ends with time lapse. The period shall not commend before the end of the insurance relationship. A circumstance referred to in sentences 1 and 2 may also be held against the third party even if, before the date of the damage event, the competent body has confirmed that a person has been confirmed in accordance with the legislation. new insurance. The above provisions of this paragraph shall not apply if a body responsible for receiving the notification under the first sentence of the first sentence is not determined. (3) In the cases referred to in paragraphs 1 and 2, the insurer shall only be within the limits of the prescribed conditions. The minimum amount of insurance and the risk it takes to the benefit. If the third party can obtain compensation for his damage from another damage insurer or from a social security institution, he/she is free of benefits. (4) The insurer's obligation to perform in accordance with paragraph 1 or paragraph 2 shall be subject to the obligation to provide a compensation. Liability for damages due to negligent breach of the duty of ambush, the obligation to replace the person in accordance with Section 839 (1) of the Civil Code shall not be excluded in relation to the insurer by the conditions for the obligation to pay the duty of the person responsible for the Insurers are available. Sentence 1 shall not apply if the official is personally liable in accordance with Section 839 of the Civil Code. (5) Insofar as the insurer satisfies the third party in accordance with paragraphs 1 to 4 and a case of § 116 is not present, the third party's claim against the Policyholder on him. The transition cannot be claimed to the detriment of the third party. (6) If the insolvency proceedings are opened on the insurer's assets, the insurance relationship shall not end until the end of a month, by way of derogation from § 16, after the Insolvency administrator has indicated this fact to the competent authority for this purpose; until that date, the insolvency mass shall remain effective. If a body responsible for receiving the notification in accordance with the first sentence is not determined, the insurance relationship shall end one month after the policyholder has been notified of the opening of the insolvency proceedings; the notification shall be required the text form. Unofficial table of contents

§ 118 Ranking of several claims

(1) The claims for compensation to be paid on the basis of the same damage event, the sum insured, shall be the sum insured by the following order of precedence, at the same rank as the ratio of their amounts to the sum of the sums insured. Substitutes disbursed:

1.

for claims for personal injury, in so far as the injured party is not entitled to obtain compensation from the person who is a person who is a person who is an insurance company other than his or her liability insurer, a social security institution or any other third party;

2.

claims for any other damage caused by natural or legal persons under private law, provided that the injured party cannot obtain compensation from the person who is a person who is an insurance company or a insurer other than his or her liability insurer or a third party;

3.

for claims which have been transferred under private law to insurers or other third parties for persons and other damages;

4.

for claims which have been transferred to social security institutions;

5.

for all other claims.

(2) If the insured sum is exhausted in the light of subordinated claims, a claimant which is not considered as a priority and which has not been taken into account in the distribution shall not be called upon subsequently to paragraph 1, if: the insurer did not reckon with the assertion of this claim and did not have to count on it either. Unofficial table of contents

§ 119 Third Party obligations

(1) The third party shall have a claims event from which he intends to derive a claim against the policyholder or pursuant to section 115 (1) against the insurer, the insurer within two weeks after becoming aware of the damage event. (2) The third party has the right against the policyholder to inform the insurer immediately in writing. (3) The insurer may be able to inform the insurer immediately. (3) The insurer may require information from the third party to the extent that they are intended to determine the Damage event and the amount of the damage is required. The insurer may require the insurer in so far as it can reasonably be expected to obtain it from the third party. Unofficial table of contents

§ 120 Third Party Obliegenheitsviolation

If the third party culpably violates the oblieority in accordance with Section 119 (2) or (3), the liability of the insurer in accordance with § § 115 and 117 shall be limited to the amount which he or she would have had to perform in the event of a proper fulfilment of the obligation, provided that the third party is responsible for the liability of the third party. previously expressly and in text form to the consequences of the injury. Unofficial table of contents

Section 121 Invoice to third parties

§ 35 shall not be applicable to third parties. Unofficial table of contents

§ 122 Sale of the item covered by the insurance

§ § 95 to 98 on the sale of the insured cause shall be applied accordingly. Unofficial table of contents

Section 123 recourse to several insured persons

(1) If, in the case of an insurance for the foreign account of the insurer, the insurer is not obliged to provide services to the policyholder, he/she may do so to a insured person who has the power to assert his rights under the insurance contract in his own right. , only if the circumstances in which the person is responsible for the freedom of performance are in the person of that insured person, or if these circumstances were known to the insured person or were not known as a result of gross negligence. (2) The scope of the Obligation pursuant to paragraph 1 shall be determined in accordance with § 117 (3) sentence 1; § 117 (3) sentence 2 is not applicable. (3) Insofar as the insurer provides pursuant to paragraph 1, he/she may take recourse to the policyholder. (4) Paragraphs 1 to 3 shall apply accordingly if the period in accordance with section 117 (2) sentence 1 and 2 is not yet has expired or the insurer has not indicated the termination of the insurance relationship of the competent authority for this purpose. Unofficial table of contents

Section 124 Right-hand stretching

(1) Where it is established by a final judgment that the third party is not entitled to compensation for the damage, the judgment shall, where it is established between the third party and the insurer, also act in favour of the policyholder, if: between the third party and the policyholder, whether or not in favour of the insurer. (2) If the claim of the third party to the insurer has been established by a final judgment, recognition or comparison, the Policyholders against whom the insurer claims on the basis of § 116 (1) sentence 2 , unless the insurer has culpably infringed the duty to repel unfounded compensation claims and to reduce or to properly determine the damage. (3) The Paragraphs 1 and 2 shall not apply to the extent that the third party cannot assert his right to compensation in accordance with Section 115 (1) against the insurer.

Chapter 2
Legal protection insurance

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§ 125 Performance of the insurer

In the case of legal expenses insurance, the insurer is obliged to provide the services required for the exercise of the legal interests of the policyholder or the insured person in the agreed scope. Unofficial table of contents

Section 126 Damage settlement company

(1) Where risks from the area of legal protection insurance are insured in addition to other risks, the scope of the cover in the legal protection insurance and the premium to be paid for this purpose must be shown separately in the insurance certificate. If the insurer is responsible for the performance processing of an independent claims settlement company, it must be described in the insurance certificate. (2) Claims for the insurance benefit from a contract for an insurance against legal expenses insurance if an independent claims settlement company is charged with the performance processing, it can only be asserted against the same. The title works for and against the legal protection insurer. Section 727 of the Code of Civil Procedure shall be applied accordingly. Unofficial table of contents

§ 127 Freie Anwaltswahl

(1) The policyholder shall be entitled, in court and administrative proceedings, to the attorney who is to perform his or her interests, from the circle of lawyers whose remuneration is paid by the insurer in accordance with the insurance contract free to choose. This also applies if the policyholder is entitled to legal protection for the other exercise of legal interests. (2) Lawyer is also who is entitled to be under one of those in the annex to § 1 of the Act on the activity European Lawyers in Germany of 9 March 2000 (BGBl. 182, 1349), as last amended by Article 1 of the Law of 26. October 2003 (BGBl. 2074), it has been amended to take professional action in the version in force in each case. Unofficial table of contents

Section 128 review procedures

In the event that the insurer negates its obligation to perform because the exercise of the legal interests does not offer sufficient prospect of success or is wilful, the insurance contract has a review procedure or another. to provide for procedures with comparable guarantees of impartiality in which differences of opinion between the Contracting Parties shall be decided on the prospects of success or on the mutuality of a legal proceedings. The insurer shall inform the policyholder thereof in the event of the negation of his obligation to provide services. If the insurance contract does not provide for such a procedure or if the insurer does not provide the notice, the policyholder's legal protection requirements shall be deemed to be recognised in individual cases. Unofficial table of contents

Section 129 Deviating agreements

§ § 126 to 128 cannot be dismissed to the detriment of the policyholder.

Chapter 3
Transport Insurance

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Section 130 Scope of the risk

(1) In the case of the insurance of goods against the dangers of transport to land or inland waters and the associated storage, the insurer shall bear all the risks to which the goods are exposed for the duration of the insurance. (2) the insurance of a ship against the dangers of inland waterway transport, the insurer shall bear all the hazards to which the ship is exposed for the duration of the insurance. The insurer shall also be liable for the damage suffered by the policyholder as a result of a collision between ships or a ship with fixed or floating objects, thereby replacing the damage inflicted on a third party. (3) The insurance against the dangers of inland waterway transport includes the contributions to the major haverei, in so far as the Haverei measure should be used to avert damage to be replaced by the insurer. Unofficial table of contents

Section 131 Violation of the obligation to notify

(1) By way of derogation from Section 19 (2), the resignation of the insurer shall be excluded in the event of a breach of the obligation to notify; the insurer may, within one month from the date on which he is aware of the circumstance that is not displayed or inaccurate, , terminate the contract and refuse to perform. The insurer shall remain committed to the performance insofar as the circumstance which is not or inappropriately displayed was not the reason for the occurrence of the insurance case or the extent of the service obligation. (2) Refuse the insurer to the performance, the Policyholders terminate the contract. The right of termination shall be terminated if it is not exercised within a period of one month from the date on which the policyholder is entitled to the insurer's decision to refuse the service. Unofficial table of contents

Section 132 Risk change

(1) By way of derogation from § 23, the policyholder may increase or otherwise alter the risk and permit the change by a third party. (2) If the policyholder has not indicated a risk increase, the insurer shall not be obliged to perform if the insurance case occurs after the date on which the risk is increased by the insurer. Indication to the insurer should have gone. He's committed to performance,

1.

if the increase in danger was known to him at the time when the ad had to be displayed,

2.

if the notification obligation has not been intentionally or grossly negligently violated; or

3.

in so far as the increase in danger was not causally responsible for the entry of the insurance case or the extent of the service obligation.

(3) By way of derogation from § 24, the insurer shall not be entitled to terminate the contract due to a risk increase. Unofficial table of contents

Section 133 Contract contrary to the Treaty

(1) If the goods are transported with a means of transport of a different kind than agreed upon, or are reloaded, although direct transport is agreed, the insurer is not obliged to perform. This shall also apply if only one particular means of transport or a specific transport route is agreed. (2) The insurer shall remain committed to the performance if, after the commencement of the insurance, the carriage is carried without the consent of the The policyholder, or as a result of a insured event, is changed or abandoned. § 132 shall apply. (3) In the cases referred to in paragraph 2, insurance shall include the costs of transhipment or temporary storage, as well as the additional costs of the further transport. Unofficial table of contents

Section 134 Unsuitable means of transport

(1) Where no specific means of transport is agreed for the carriage of the goods, the policyholder, insofar as he has influence on his selection, shall be obliged to use means of transport for the reception and transport of the goods. (2) If the policyholder intentionally or grossly negligently, the insurer is not obliged to perform the performance unless the injury was not causally responsible for the entry of the insurance or the insurance policy. Extent of the obligation to provide services. (3) The policyholder becomes aware of the lack of suitability of the means of transport, it shall immediately notify the insurer of this circumstance. § 132 shall apply. Unofficial table of contents

Section 135 Aufwendungsersatz

(1) expenses incurred by the policyholder for the purpose of wasting or mitigating the damage, as well as the costs for the determination and determination of the damage, the insurer shall also reimburse to the extent that they, together with the rest of the insurance, are Compensation exceeds the sum insured. (2) If expenses are incurred for the purpose of wasting or reducing or for determining and determining the damage, or for the restoration or repair of the damage caused by an insurance case. or contributions to the great Haverei, or is a personal obligation of the policyholder for the payment of such contributions, the insurer shall have the damage caused by a subsequent insurance case, regardless of the previous expenses and contributions to be reimburseed by the policyholder. replace. Unofficial table of contents

Section 136 Insurance value

(1) The insurance value of the goods shall be the common commercial value and, in the absence thereof, the common value which the goods shall have at the place of dispatch at the beginning of the insurance, plus the cost of insurance, the costs incurred until the date of acceptance of the goods. (2) The value arising in accordance with paragraph 1 shall also be considered to be an insurance value when the insurance is entered into. (3) In the case of goods which arrive at the place of delivery, the value of the goods shall be the same as the amount of the goods which are to be paid. The value they have in damaged condition shall be deducted from the value they are in this place in would have been undamaged. The fraction of the insurance value corresponding to the ratio of the impairment to its value in the undamaged state shall be deemed to be the amount of the damage. Unofficial table of contents

Section 137 Heralguidance of the insurance policy

(1) The insurer is not obligated to perform if the policyholder intentionally or grossly negligently brings about the insurance case. (2) The policyholder did not have the behaviour of the ship's crew in the management of the ship to be represented. Unofficial table of contents

Section 138 Disclaimer for ships

In the case of the insurance of a ship, the insurer is not obliged to compensate for any damage arising from the fact that the ship is in a non-voyage condition or not adequately equipped or staffed the journey . This also applies to a damage which is only a consequence of the wear of the ship in ordinary use. Unofficial table of contents

Section 139 Sale of the insured item or goods

(1) If an insured thing for which a single police or insurance certificate has been issued has been sold, the acquirer shall not be liable for the premium by way of derogation from § 95. The insurer cannot rely on the acquirer for non-payment of the premium or for non-performance of a security, unless the acquirer knew the reason for the freedom of performance or would have known him. (2) By way of derogation from § 96, the insurer shall not be entitled to terminate the insurance relationship for the sale of the insured goods. (3) Notwithstanding the provisions of § 97, the policyholder shall not be obliged to sell the insurance to the insurer. . Unofficial table of contents

Section 140 The sale of the insured vessel

By way of derogation from § 95, if an insured ship is sold, the insurance shall end with the transfer of the ship to the purchaser, for ships on the road with the handover to the acquirer at the port of destination. Unofficial table of contents

Section 141 Liberation by payment of the insured sum

(1) The insurer shall be entitled, upon the entry of the insurance case, to exempt itself from all other liabilities by payment of the sum insured. The insurer shall remain committed to the replacement of the costs incurred in wasting or mitigating the damage, or for the restoration or repair of the insured cause, before his declaration that he or she is due to pay the (2) The insurer's right to free himself by payment of the insurance sum shall be extorted if the declaration does not give the policyholder within one week of the the date on which the insurer is aware of the insurance case and its has acquired immediate consequences.

Chapter 4
Building control insurance

Unofficial table of contents

Section 142 Ads on mortgage creditors

(1) In the case of the building control insurance, the insurer shall immediately notify a mortgage creditor who has registered his mortgage in text form if the one-off or the first premium is not paid in due time or if the first premium is not paid in good time or if: Policyholders for the payment of a follow-up premium shall be set a time limit. This shall also apply if the insurance relationship is terminated after the expiry of the period for subliminal payment of the consequential premium. (2) The insurer shall have the entry of the insurance case within a week after he becomes aware of it to indicate in text form to a mortgage creditor who has registered his mortgage, unless the damage is negligible. Unofficial table of contents

§ 143 Continuation of the obligation to pay against mortgage creditors

(1) In the event of non-timely payment of a consequential premium, the insurer shall remain committed to a mortgage creditor who has registered his mortgage until the end of one month from the date on which the payment shall be made to the mortgage creditor. Mortgage creditor to determine the period of payment or, if this notice is not received, the termination has been communicated. (2) The termination of the insurance relationship shall be compared to a mortgage creditor who is his mortgage. shall not take effect until the end of two months after it has ceased and, if: this has not yet occurred, the date of termination has been communicated by the insurer or has become aware of it in any other way. Sentence 1 shall not apply if the insurance relationship is terminated due to a subliminal premium payment by resignation or termination of the insurer or by the dismissal of the policyholder who agreed to the mortgage creditor. (3) Paragraph 2. sentence 1 shall apply in accordance with the validity of an agreement between the insurer and the policyholder, which reduces the scope of the insurance cover or the insurer is only obliged to pay the compensation. for the restoration of the insured building. (4) The Invalidity of the insurance contract cannot be asserted against a mortgage creditor who has registered his mortgage. However, the insurance relationship shall expire at the end of two months after the invalidity of the insurance has been communicated to him by the insurer or, in other ways, he has become aware of the invalidity. Unofficial table of contents

Section 144 Termination of the policyholder

Without prejudice to § 92 (1) and § 96 (2), if a mortgage creditor has registered his mortgage, the policyholder shall only terminate the insurance relationship if the policyholder is at least one month prior to the date of his or her mortgage. Expiry of the insurance contract has shown that at the time when the termination was at the latest, the property was not charged with the mortgage or that the mortgage creditor agreed to the termination. Consent must not be refused without sufficient reason. Unofficial table of contents

§ 145 Transition of the mortgage

To the extent that the insurer satisfies the mortgage creditor in accordance with § 143, the mortgage shall be applied to it. The transition cannot be claimed to the detriment of a mortgage creditor who is the same or the following, which has remained the insurer's obligation to pay. Unofficial table of contents

Section 146 The insurer's obligation to confirm and provide information

The insurer is obliged to confirm the registration to a mortgage creditor who has registered his mortgage and, if so requested, to provide information on the existence of insurance cover and the amount of the insurance sum. Unofficial table of contents

Section 147 Change of address and name of the mortgage creditor

If the mortgage creditor has not communicated to the insurer a change in his address or his name, § 13 para. 1 shall apply accordingly to the insurers ' advertisements and communications in accordance with § § 142 and 143 accordingly. Unofficial table of contents

Section 148 Other fundamental rights

If the property is burdened with a basic debt, pension liability or residual load, § § 142 to 147 shall be applied accordingly. Unofficial table of contents

Section 149 Ownownership rights

The rights established by § § 142 to 148 may not be asserted in favour of mortgages, basic debts or pension liabilities to which the policyholder is entitled.

Chapter 5
Life Insurance

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§ 150 insured person

(1) Life insurance may be taken on the person of the policyholder or another. (2) If the insurance is taken for the case of death of another, and the agreed performance exceeds the amount of the ordinary Funeral expenses, the written consent of the other is required for the effectiveness of the contract; this does not apply to collective life insurance in the area of occupational retirement provision. If the other is incapable of business or is limited in business capacity, or if a supervisor is appointed for him and the representation in the affairs relating to his/her person is available to the policyholder, he/she may be responsible for the other matters in the case of the person concerned. (3) If a parent takes out insurance on the person of an underage child, the child only requires the consent of the child if, according to the contract of the insurer, also upon the entry of the child before the the completion of the seventh year of life must be committed to the achievement of the performance and the (4) In so far as the supervisory authority has set a certain maximum amount for the usual funeral expenses, it shall be the decisive factor. Unofficial table of contents

Section 151 Medical examination

By agreeing a medical examination of the insured person, a right of the insurer to require the investigation to be carried out shall not be justified. Unofficial table of contents

Section 152 Revocation of the policyholder

(1) By way of derogation from Section 8 (1) sentence 1, the withdrawal period shall be 30 days. (2) By way of derogation from § 9 sentence 1, the insurer shall also have to pay the repurchase value including the surplus shares pursuant to § 169. In the case of § 9 sentence 2, the insurer shall have the repurchase value including the surplus shares or, if this is more favourable for the policyholder, to reimburse the premiums paid for the first year. (3) By way of derogation from § 33 (1), the insurer shall be: one-off or the first premium shall be paid immediately after 30 days after receipt of the insurance certificate. Unofficial table of contents

Section 153 surplus shareholding

(1) The policyholder shall be involved in the surplus and in the valuation reserves (excess share), unless the excess participation is excluded by express agreement; the excess participation can only be (2) The insurer has to carry out the participation in the surplus according to a causation-oriented procedure; other comparable appropriate distribution principles can be agreed. The amounts in the meaning of Section 268 (8) of the Commercial Code remain unaccounted for. (3) The insurer has to re-determine the valuation reserves annually and to allocate them by calculation according to a causation-oriented procedure. In the event of termination of the contract, the amount to be determined for that date shall be halved and disbursed to the policyholder, and an earlier allocation may be agreed. Prudential regulations to ensure the permanent fulfilment of the obligations arising from insurance, in particular § 53c, § 54 (1) and (2), § 56a (3) and (4), and § 81c (1) and (3) of the Insurance Supervision Act remain (4) In the case of pension insurance, the termination of the reference period shall be the relevant date laid down in the second sentence of paragraph 3. Unofficial table of contents

§ 154 Model calculation

(1) In addition to the amount of possible benefits beyond the contractually guaranteed benefits, the insurers shall have to provide the policyholder with an indication of the amount of possible benefits in connection with the offer or the conclusion of life assurance. model calculation, in which the possible flow rate is presented on the basis of the accounting basis for the premium calculation with three different interest rates. This shall not apply to risk insurance and contracts which provide for the services of the kind referred to in § 54b (1) and (2) of the Insurance Supervision Act. (2) The insurer shall inform the policyholder in a clear and comprehensible manner that: the model calculation is only a calculation model, which is based on fictitious assumptions, and that the policyholder cannot derive any contractual claims from the model bill against the insurer. Unofficial table of contents

Section 155 Annual information

In the case of insurance with bonuses, the insurer shall inform the policyholder annually in writing of the development of its claims, including the bona fide participation. In addition, if the insurer has provided information on the possible future development of the excess participation, the insurer shall draw the policyholder's attention to deviations in actual development from the initial information. Unofficial table of contents

Section 156 Knowledge and conduct of the insured person

Insofar as the knowledge and conduct of the policyholder are of legal significance under this law, the person of another person must also take account of their knowledge and behaviour. Unofficial table of contents

Section 157 Improper age of old age

If the age of the insured person has been given inaccurate, the insurer's performance shall change according to the ratio in which the premium corresponding to the actual age is at the agreed premium. By way of derogation from Section 19 (2), the right to withdraw from the contract on account of the breach of the obligation to notify the contract is only to the insurer if he would not have concluded the contract with the right age of old age. Unofficial table of contents

Section 158 Risk change

(1) As an increase in the risk, only such a change in the dangerous circumstances, which should be regarded as an increase in danger after the express agreement; the agreement requires the text form. (2) An increase in the risk the insurer can no longer if five years have elapsed since the increase. If the policyholder has intentionally or fraudulently infringed his obligation under Section 23, the period of time shall be ten years. (3) § 41 shall apply with the proviso that a reduction in the premium shall only be due to such a reduction of the premium. dangerous circumstances which, according to the express agreement, are to be regarded as a risk reduction. Unofficial table of contents

Section 159 eligibility

(1) The policyholder is in doubt entitled to designate a third party as a reference person without the consent of the insurer and to place another third party in the position of the third party designated as such. (2) A revocable as a reference to the right of reference the third party acquires the right to the performance of the insurer only with the entry of the insurance policy. (3) A third party, which is irrevocably considered to be entitled to the benefit, acquires the right to the performance of the insurer already with the Label as a reference. Unofficial table of contents

Section 160 Interpretation of the eligibility

(1) If a number of persons are designated as reference persons without the provision of their shares, they shall be entitled to equal shares in the same reference. (2) If the insurer's performance is to take place after the death of the policyholder on the latter's heir, those who are at the time of death shall be in doubt. as heirs, according to the relationship of their inheritance, entitled to the right of reference. An embezzling of the inheritance has no influence on the entitlement. (3) If the right to the performance of the insurer is not acquired by the entitled third party, the policyholder is entitled to it. (4) If the treasury is called as an heir, it shall not be entitled to a right of subscription within the meaning of the first sentence of paragraph 2. Unofficial table of contents

Section 161 Self-killing

(1) In the case of a death insurance policy, the insurer shall not be obliged to perform the performance if the insured person intentionally killed himself before the end of three years after the conclusion of the insurance contract. This shall not apply if the deed has been committed in a state of pathological disturbance of the spirit of the spirit which is excluded. (2) The period referred to in the first sentence of paragraph 1 may be increased by means of an individual agreement. (3) Is the insurer does not commit to the service, it shall pay the repurchase value including the surplus shares pursuant to § 169. Unofficial table of contents

§ 162 Killing by beneficiaries

(1) If the insurance is taken into account in the event of the death of a person other than the policyholder, the insurer is not obliged to perform the performance if the policyholder intentionally causes the death of the other person by an unlawful act (2) If a third party is designated as a reference person, the name shall be deemed not to be effected if the third party intentionally causes the death of the insured person by means of an unlawful act. Unofficial table of contents

§ 163 Change of premiums and benefits

(1) The insurer shall be entitled to recommit the agreed premium if:

1.

the performance requirement has not only been temporarily and not foreseeable in relation to the accounting principles of the agreed premium;

2.

the newly established premium under the revised accounts is appropriate and necessary in order to ensure the permanent fulfilment of the insurance performance; and

3.

an independent trustee has verified and confirmed the accounting principles and the conditions set out in points 1 and 2.

A redetermination of the premium shall be excluded insofar as the insurance benefits were insufficiently calculated at the time of the initial or new calculation and an ordinary and conscientious actuary, in particular on the basis of the (2) The policyholder may require that, instead of an increase in the premium referred to in paragraph 1, the insurance benefit should be reduced accordingly. In the case of premium-free insurance, the insurer is entitled, under the conditions set out in paragraph 1, to reduce the insurance benefit. (3) The repayment of the premium and the reduction of the insurance benefit shall be made at the beginning of the insurance contract. (4) The contribution of the trustee referred to in the first sentence of paragraph 1 of this paragraph shall not apply if the reestablishment of the new fixing or reduction in the second month shall be effective. or the reduction in the insurance performance of the authorisation of the Supervisory authority is required. Unofficial table of contents

§ 164 Conditional adjustment

(1) Where a provision in general insurance terms of the insurer has been declared ineffectual by the highest judgment or by a final administrative act, it may replace the insurer with a new regulation, if this is necessary for the continuation of the contract, or if the detention of the contract without any new arrangement for one party would also constitute an unreasonable hardship, taking into account the interests of the other Party. The new system is only effective if, while respecting the objective of the contract, it takes due account of the interests of policyholders. (2) The new rule referred to in paragraph 1 shall be two weeks after the new regulation and the relevant reasons therefor. have been communicated to the policyholder, part of the contract. Unofficial table of contents

§ 165 premium-free insurance

(1) The policyholder may, at any time for the conclusion of the current insurance period, require the conversion of the insurance into a premium-free insurance, provided that the minimum insurance benefit agreed for this purpose is reached. If this is not achieved, the insurer will have to pay the repurchase value, including the surplus shares according to § 169, which has been paid for the insurance. (2) The premium-free performance is based on recognized rules of actuarial mathematics with the To calculate the calculation basis of the premium calculation on the basis of the redemption value according to § 169 (3) to (5) and to indicate in the contract for each insurance year. (3) The premium-free performance is for the end of the current to calculate the insurance period, taking into account premium arrestings. The claims of the policyholder from the excess participation remain unaffected. Unofficial table of contents

Section 166 Termination of the insurer

(1) The insurer dismises the insurance relationship, converts the insurance into a premium-free insurance with the termination. § 165 (2) In the case of section 38 (2), the insurer is obliged to provide the service which it would have to provide if the insurance company entered into a premium-free insurance policy with the entry of the insurance policy. (3) In determining a payment period in accordance with Section 38 (1), the insurer must draw attention to the entering into the insurance conversion. (4) In the case of life insurance, which is provided by the employer for the benefit of its employees, and worker has been completed, the insurer has the insured person over the To inform and give them a payment period of at least two months in accordance with § 38 (1) and the conversion of the insurance in text form. Unofficial table of contents

Section 167 Conversion to obtain a consecration protection

The policyholder of a life insurance may at any time, for the conclusion of the current insurance period, require the conversion of the insurance into insurance, which meets the requirements of § 851c (1) of the Code of Civil Procedure. The cost of the conversion shall be borne by the policyholder. Unofficial table of contents

Section 168 Termination of the policyholder

(1) If current premiums are to be paid, the policyholder may terminate the insurance relationship at any time for the conclusion of the current insurance period. (2) In the case of insurance that offers insurance cover for a risk in which the insurance provider is entitled to If the insurer's obligation is certain, the right of dismissal is payable to the policyholder even if the premium is in a one-off payment. (3) Paragraphs 1 and 2 shall not apply to a pension scheme for retirement provision. The insurance contract in which the policyholder is insured with the insurer has irrevocably ruled out a recovery prior to retirement; the value of claims relating to the exclusion of recoverability shall not be subject to the amounts determined in Article 12 (2) (3) of the Second Book of the Social Code . The same applies in so far as the claims under § 851c or § 851d of the Code of Civil Procedure are not allowed to be paved. Unofficial table of contents

Section 169 Repurchase value

(1) Where an insurance cover provides insurance cover for a risk in respect of which the entry of the insurer's obligation is certain, dismissal of the policyholder, or the resignation or appeal of the insurer shall have the effect of waiver: the insurer must pay the repurchase value. (2) The repurchase value is to be paid only in so far as it does not exceed the performance in the case of an insurance case at the time of the termination. The part of the redemption value which is not paid after that is to be used for premium-free insurance. In the event of a resignation or a dispute, the full return value must be paid. (3) The repurchase value is the following in accordance with recognized rules of actuarial mathematics with the invoicing basis of the premium calculation at the end of the current Insurance period calculated cover capital of the insurance, but in case of termination of the insurance relationship, at least the amount of the cover capital, which is the same as the distribution of the financial statements and distribution costs. to the first five years of the contract; the prudential rules on Maximum number records shall remain unaffected. The repurchase value and the extent to which it is guaranteed shall be communicated to the policyholder prior to the delivery of the contract of contract; the further details of the legal regulation in accordance with § 7 para. 2. shall the insurer have its registered office in another Member State of the European Union or any other State Party to the Agreement on the European Economic Area, it may, for the purpose of calculating the value of repurchase, in place of the share capital, the other reference value comparable in that State (4) In the case of fund-linked insurance and other insurance companies, which Benefits of the kind referred to in § 54b of the Insurance Supervision Act, the repurchase value is to be calculated as the time value of the insurance in accordance with recognized rules of actuarial mathematics, unless the insurer has a specific insurance policy In addition, the provisions of paragraph 3 shall apply. The principles of the calculation shall be indicated in the contract. (5) The insurer shall be entitled to a deduction from the amount calculated in accordance with paragraph 3 or 4 only if it is agreed, and is appropriate and appropriate. The agreement of a withdrawal for outstanding financial statements and distribution costs shall be ineffective. (6) The insurer may reduce the amount calculated in accordance with paragraph 3 in an appropriate way, insofar as this is necessary in order to endanger the interests of the To exclude policyholders, in particular by endangering the endurance of the obligations arising from insurance contracts. The reduction shall be limited to one year in each case. (7) In addition to the amount calculated in accordance with paragraphs 3 to 6, the insurer shall have the excess shares already allocated to the policyholder, in so far as they are not already included in the amount pursuant to paragraphs 3 to 6, as well as to pay the final surplus portion provided for in the relevant General Terms and Conditions of insurance in the event of termination; Section 153 (3), second sentence, shall remain unaffected. Unofficial table of contents

§ 170 Entry Law

(1) If an arrest is made in the insurance claim or a foreclosure is carried out or the insolvency proceedings are opened on the assets of the policyholder, the named reference person may, with the consent of the of the policyholder in his place in the insurance contract. If the reference person enters, he shall satisfy the claims of the creditor or the insolvency of the creditor up to the amount of the amount whose payment by the policyholder in the case of the termination of the insurance relationship from the (2) If a reference person is not designated or not designated by name, the same right shall be granted to the spouse or partner and to the children of the policyholder. (3) Admission shall be effected by means of an indication to the Insurers. The advertisement can only be displayed within one month after the person has gained knowledge of the seizure or after the insolvency proceedings have been opened. Unofficial table of contents

Section 171 Variant agreements

Section 152 (1) and (2) and Articles 153 to 155, 157, 158, 161 and 163 to 170 shall not be disqualified to the detriment of the policyholder, the insured person or the person entitled to the admission. For the request of the policyholder for the conversion according to § 165 and for his dismissal according to § 168, the writing or the text form can be agreed.

Chapter 6
Occupational disability insurance

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§ 172 Performance of the insurer

(1) In the case of occupational disability insurance, the insurer is obliged to provide the agreed benefits for an occupational incapacity which has occurred after the start of the insurance. (2) The person is incapacitated as to who his last profession, such as: (3) As a further condition of an illness, illness, injury to the body or more than an age-related loss of power, it is not likely to be able to perform in whole or in part on a permanent basis. Duty of the insurer can be agreed that the does not carry out or exercise any other activity which, due to its training and skills, is capable of taking over and is in a position to do so, and which corresponds to its previous life. Unofficial table of contents

§ 173 Recognition

(1) The insurer shall, in the case of due date, have to declare in text form whether he accepts his obligation to make a service. (2) The recognition must only be limited once in time. It shall be binding until the end of the period. Unofficial table of contents

§ 174 Freedom of benefit

(1) If the insurer finds that the conditions of the service obligation are not fulfilled, the insurer shall only be free of benefits if he has set out this change in text form to the policyholder. (2) The insurer will be at the earliest with the expiry of the The third month after receipt of the declaration referred to in paragraph 1 in the case of the policyholder. Unofficial table of contents

Section 175 Differing agreements

§ § 173 and 174 may not deviate to the detriment of the policyholder. Unofficial table of contents

Section 176 Applicable Rules

§ § 150 to 170 shall apply in accordance with the professional invalidity insurance, provided that the special features of this insurance are not preclude. Unofficial table of contents

Section 177 Similar insurance contracts

(1) § § 173 to 176 shall apply accordingly to all insurance contracts in which the insurer promises a performance for a permanent impairment of the working ability. (2) On the accident insurance as well as on Paragraph 1 shall not apply to health insurance contracts which are the subject of the risk of impairment of the working capacity.

Chapter 7
Accident insurance

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§ 178 Performance of the insurer

(1) In the case of accident insurance, the insurer is obliged to provide the agreed services in the event of an accident of the insured person or of an event similar to the accident. (2) An accident occurs when the insured person is insured Person suffering from an event suddenly acting from outside on her body involuntly suffers a health damage. Unvoluntary shall be presumed to be evidence of the contrary. Unofficial table of contents

§ 179 insured person

(1) The accident insurance may be taken for the entry of an accident of the policyholder or of another. An insurance against accidents of another is in doubt deemed to be taken for the account of the other. (2) If the insurance against accidents of another is taken by the policyholder for his own account, the effectiveness of the contract is the written consent of the other. If the other is incapable of business or is limited in business capacity, or if a supervisor is appointed for him and the representation in the affairs relating to his/her person is available to the policyholder, he/she may be responsible for the other matters in the case of the person concerned. (3) If, in the case referred to in paragraph 2, the knowledge and conduct of the policyholder are of legal significance, the knowledge and conduct of the other person must also be taken into account. Unofficial table of contents

§ 180 Invalidity

The insurer shall owe the benefits promised in the event of invalidity to the agreed extent if the physical or mental capacity of the insured person is permanently affected by an accident. An impairment is permanent if it is expected to exist for more than three years and a change in this condition cannot be expected. Unofficial table of contents

Section 181 Risk increase

(1) An increase in the risk shall only be deemed to be such a change in the circumstances which, according to the express agreement, is to be regarded as an increase in risk; the agreement shall require the form of text. (2) In the event of an increased risk, shall be subject to the applicable law. If the insurer has lower insurance benefits if the premium is unchanged, they shall be deemed to have been agreed upon expiry of one month after the increase in the risk is reached. The insurer can only assert further rights if the policyholder has failed to show the increase in danger. Unofficial table of contents

§ 182 Co-operative causes

If it is agreed that the right to the agreed services will be eliminated or diminished, if illness or infirmity has been involved in the health damage caused by the insurance case or its consequences, the insurer shall to demonstrate the conditions for the removal or the reduction of the claim. Unofficial table of contents

Section 183 Heralguidance of the insurance

(1) The insurer is not obligated to perform, if in the case of § 179 para. 2 the policyholder intentionally causes the insurance case by an unlawful act. (2) If a third party is referred to as a reference, the following shall apply: the name shall be deemed not to occur where the third party causes the insurance case intentionally by an unlawful act. Unofficial table of contents

Section 184 Application and reduction of damage

§ § 82 and 83 are not applicable to the accident insurance. Unofficial table of contents

Section 185

If the payment of a capital is agreed upon as the insurer's performance, § § 159 and 160 are to be applied accordingly. Unofficial table of contents

§ 186 Insuration of the insurer

If the policyholder shows an insurance case, the insurer has to draw attention to the contractual rights and due conditions as well as the time limits to be observed in text form. If this notice is not required, the insurer may not rely on the failure of the deadline. Unofficial table of contents

§ 187 Recognition

(1) The insurer shall, after receiving a performance contract within one month after the submission of the documents in text form required for the assessment thereof, state whether and to what extent he shall recognise his obligation to carry out his service. If an invalidity benefit is requested, the period shall be three months. (2) The insurer shall recognise the claim or have agreed to the policyholders and insurers on the basis and amount of the claim, the performance shall be provided within two Weeks due. Where the obligation to provide services is determined only in accordance with the conditions laid down, the insurer shall, at the request of the policyholder, make an appropriate advance. Unofficial table of contents

Section 188 Remeasurement of invalidity

(1) Where benefits are agreed upon in the event of invalidity, each Contracting Party shall have the right to remeasure the degree of invalidity annually, up to three years after the occurrence of the invalidity. In the case of child accident insurance, the time limit within which a new measurement can be requested can be extended. (2) The policyholder's declaration of the obligation to pay is to inform the policyholder of his/her right to notify the Degree of invalidity to be reassessed. If this information is not received, the insurer may not rely on a delay in the policyholder's failure to reassess the degree of invalidity. Unofficial table of contents

Section 189 Expert procedure, claims for damages

§ § 84 and 85 (1) and (3) shall apply accordingly. Unofficial table of contents

§ 190 compulsory insurance

Where the conclusion of an accident insurance consists of an obligation by law, the insurer must certify to the policyholder, stating the sum of the insurance, that one of the legislation to be covered by the law is appropriate. Accident insurance. Unofficial table of contents

Section 191 Differing agreements

§ 178 (2) sentence 2 and § § 181, 186 to 188 may not be dismissed to the detriment of the policyholder or the insured person.

Chapter 8
Health insurance

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§ 192 Contract typical services of the insurer

(1) In the case of sickness costs insurance, the insurer is obliged to pay in the agreed amount the expenses for medically necessary medical treatment due to illness or accident consequences and for other agreed services including such (2) The insurer shall not be obliged to perform the performance referred to in paragraph 1 in so far as the Expenses for the treatment or other benefits in a (3) As the content of the sickness insurance cover, additional services which are directly related to the services referred to in paragraph 1 may be agreed, in particular:

1.

advice on the services referred to in paragraph 1 and on the providers of such services;

2.

the provision of advice on the entitlement of payment entitlements to the service providers referred to in paragraph 1;

3.

the defence against unauthorised remuneration of the provider of services referred to in paragraph 1;

4.

the assistance of the insured persons in the enforcement of claims for the failure to provide the benefits referred to in paragraph 1 and the consequences thereof;

5.

the direct accounting of the services referred to in paragraph 1 with their suppliers.

(4) In the case of sickness insurance, the insurer is obliged to provide the agreed hospital allowance in the case of medically necessary hospital medical treatment. (5) In the case of sickness insurance, the insurer is obliged to pay the health insurance. to replace the loss of earnings caused by incapacity to work as a result of illness or accident by the agreed sickness allowance. (6) In the case of nursing care insurance, the insurer is obliged to pay in the case of the need for care in the agreed on the amount of expenses for the care of the insured persons To reimburse the person (maintenance expenses insurance) or to pay the agreed daily allowance (maintenance allowance insurance). The provisions of paragraph 2 shall apply in accordance with the provisions of the Directive The regulations of the Eleventh Book of the Social Code on private care insurance remain unaffected. (7) In the case of sickness cost insurance in the basic rate in accordance with § 12 of the Insurance Supervision Act, the service provider may be entitled to Benefits shall also be asserted against the insurer, to the extent that the insurer is obliged to do so from the insurance relationship with the service. In the context of the insurer's obligation to provide insurance from the insurance relationship, insurers and policyholders are jointly and severally liable. (8) The policyholder can, before the start of a medical treatment, the cost of which is expected to be EUR 2 000. shall require information from the insurer on the extent of the insurance cover in respect of the intended treatment. If the conduct of the treatment is urgent, the insurer shall issue a Reasoned Request immediately, no later than two weeks, otherwise after four weeks; on a cost estimate submitted by the policyholder and other documents must be made. The deadline shall begin with the receipt of the request for information from the insurer. If the information is not provided within the time limit, until proof of the contrary by the insurer is presumed that the intended medical treatment is necessary. Unofficial table of contents

§ 193 insured person; insurance obligation

(1) Health insurance may be taken on the person of the policyholder or any other person. Insured person is the person to whom the insurance is taken. (2) To the extent that the knowledge and conduct of the policyholder are of legal significance under this law, the insurance is also applicable to the person of another person. (3) Each person domiciled in Germany is obliged to take part in an insurance undertaking authorised for business in Germany for himself and for the purposes of his/her legal status as a law firm Persons who are not able to conclude contracts themselves shall be subject to a Medical expenses insurance, which includes at least one reimbursement for outpatient and inpatient treatment, and in which the absolute and percentage deductible for outpatient and inpatient care agreed for in the course of collective agreements Treatment for each person to be insured is limited to a quantitative impact of € 5,000 per year, to be completed and maintained; for beneficiaries, the possible deductions result from a reasonable amount of self-content. Application of the non-covered by the aid From a hundred percent to the maximum amount of 5,000 euros. The obligation laid down in the first sentence shall not apply to persons who:

1.

are insured or subject to insurance in the statutory health insurance, or

2.

Have the right to a free health care, have the right to help or have comparable claims in the scope of the respective entitlement or

3.

have a right to benefits under the Asylum Seekers Benefits Act, or

4.

Recipients of ongoing services under the third, fourth, sixth and seventh chapters of the Twelfth Book of the Social Code shall be for the duration of this benefit, and during periods of interruption in the performance of less than one month, if the performance reference started before 1 January 2009.

A sickness insurance contract agreed before 1 April 2007 shall meet the requirements of the first sentence of sentence 1. (4) If the conclusion of the contract is filed later than one month after the payment of the obligation pursuant to the first sentence of paragraph 3, a premium surcharge shall be applied to the contract. be paid. This is a monthly contribution for each additional month of non-insurance, starting from the sixth month of non-insurance for each additional month of non-insurance a sixth of a monthly contribution. If the duration of the non-insurance cannot be determined, it must be assumed that the insured person was not insured for at least five years. The premium surcharge is to be paid once in addition to the current premium. The policyholder may require the insurer to pay the premium surcharge if the interests of the insurer can be taken into account by the agreement of an appropriate rate payment. The amount stolen is to be galvanissed. If the conclusion of the contract is requested by 31 December 2013, no premium surcharge shall be paid. This applies to contracts concluded until 31 July 2013 for outstanding premium surcharges according to the first sentence of the first sentence. (5) The insurer is obliged to:

1.

all voluntarily in the statutory health insurance

a)

within six months of the introduction of the basic tariff,

b)

within six months of the date of the exchange of voluntary insurance, as provided for in the Fifth Book of Social Law,

2.

all persons resident in Germany who are not subject to the statutory health insurance, are not part of the group of persons referred to in point 1 or 3 sentence 2, no. 3 and 4, and who do not already have a private have agreed on sickness insurance cover with an insurance undertaking authorised for business in Germany, which shall comply with the obligation laid down in paragraph 3;

3.

persons who are entitled to benefit or have comparable claims to the extent that they require supplementary insurance cover in order to fulfil the obligation laid down in the first sentence of paragraph 3;

4.

all persons resident in Germany who have agreed to private health insurance within the meaning of paragraph 3 with an insurance undertaking admitted to the business in Germany and whose contract is after 31 December In 2008,

To grant insurance in the basic rate in accordance with § 12 (1a) of the Insurance Supervision Act. If the private health insurance contract is concluded before 1 January 2009, the conclusion of a contract in the basic arias may be concluded with the company or another insurance undertaking in the event of a change or termination of the contract, with the participation of the Retirement provisions pursuant to section 204 (1) shall only be required until 30 June 2009. The application must already be accepted if, in the event of termination of a contract with another insurer, the dismissal has not yet become effective in accordance with Section 205 (1) sentence 1. The application may only be rejected if the applicant has already been insured with the insurer and the insurer has already been insured with the insurer

1.

has challenged the insurance contract for threat or fraudulant deception; or

2.

has resigned from the insurance contract for an intentional breach of the pre-contractual obligation to notify.

(6) If the policyholder is in arrears with an amount equivalent to an amount of premium shares for two months in respect of the obligation to comply with the obligation laid down in paragraph 3, the insurer shall be obliged to warn him. The policyholder has to pay an amortised surcharge of 1 per cent of the premium in respect of each month of premium arrears in place of interest on arrears. If the premium is higher than the premium for one month, including the sowing surcharges, two months after the reminder has been granted, the insurer shall remind the Commission for a second time and shall indicate the consequences in accordance with sentence 4. If the premium is higher than the premium for one month after receipt of the second reminder, including the sowing surcharges one month after the second reminder, the contract shall be based on the first day of the following month. The rest of the contract does not occur or ends if the policyholder or the insured person is or is in need of assistance within the meaning of the Second or Twelfth Book of Social Code; the need for assistance shall be at the request of the (7) As long as the contract rests, the policyholder shall be deemed to have been insured in the case of the emergency pension according to § 12h of the Insurance Supervision Act. Risk surcharges, performance exclusions and self-contents are eliminated during this period. The insurer may require additional insurance to be provided for as long as the insurance is in accordance with § 12h of the Insurance Supervision Act. A change in or out of the emergency charge tariff according to § 12h of the Insurance Supervision Act is excluded. A policyholder whose contract only provides for the reimbursement of a percentage of the expenses incurred shall be deemed to have been insured in a variant of the emergency pension according to § 12h of the Insurance Supervision Act, the benefits in the amount of 20. 30 or 50 per cent of the insured costs of treatment, depending on the percentage of the agreed refund. (8) The insurer shall send a notice to the policyholder in text form on the Continuation of the contract in the emergency charge tariff according to § 12h of the Insurance supervision law and the premium to be paid. In this case, the policyholder is to be informed of the consequences of the calculation of the retirement provision in accordance with § 12h (2) sentence 6 of the Insurance Supervision Act for the amount of the premium to be paid in the future. Information on the insurance in the emergency case according to § 12h of the Insurance Supervision Act can be made by the insurer on an electronic health card in accordance with § 291a (1a) of the Fifth Book of the Social Code. (9) Are all laggards Premium shares, including the sowing surcharges and the recovery costs, shall be continued from the first day of the next month in the rate in which the policyholder was insured prior to the commensurate of the glory. In doing so, the policyholder must be put in the same way as he was before the insurance in the case of the emergency charge according to § 12h of the Insurance Supervision Act, apart from the portions of the ageing reserve consumed during the time of rest. Premium adjustments made during the period of glory and changes in the General Terms and Conditions of Insurance shall apply from the day of the continuation. (10) If the policyholder has taken out health insurance on the person of another, the (11) In the case of insurance in the basic arif according to § 12 of the Insurance Supervision Act, the insurance undertaking may require supplementary insurance to rest if and as long as an insured person is insured to the halving of the contribution in accordance with § 12 para. 1c of the Insurance supervision law.

Footnote

§ 193 (5) sentence 1: In accordance with the decision formula with GG (100-1) Art. 9 (1), in accordance with the provisions of Article 9 (1). BVerfGE v. 10.6.2009 I 2127-1 BvR 825/08, 1 BvR 831/08- Unofficial table of contents

§ 194 Applicable Rules

(1) Insofar as the insurance cover is granted in accordance with the principles of non-life insurance, § § 74 to 80 and 82 to 87 shall apply. § § 23 to 27 and 29 are not applicable to health insurance. Section 19 (4) shall not apply to sickness insurance if the policyholder is not responsible for the breach of the obligation to notify. By way of derogation from § 21 (3) sentence 1, the time limit for the assertion of the rights of the insurer shall be three years. (2) If the policyholder or a insured person is entitled to repayment of the insurer without legal reason, § 86 (1) and (2) are to be applied accordingly to the provider of services for which the insurer has provided reimbursement under the insurance contract. (3) § § 43 to 48 are applicable to the health insurance with the To apply only the insured person with the insurance where the policyholder has designated it to the insurer in the form of a text as a recipient of the insurance performance; the designation may be revocable or irrevocable. If this condition does not apply, only the policyholder can demand the insurance. A presentation of the insurance bill does not require it. Unofficial table of contents

§ 195 Insurance period

(1) The sickness insurance scheme, which can replace all or part of the health insurance cover provided for in the statutory social security system (substitutive health insurance), is subject to paragraphs 2 and 3 and § § 196 and 199 indefinitely. If the non-substitutive health insurance is operated in the manner of life assurance, the first sentence shall apply. (2) In the case of training, foreign, travel and residual debt insurance, contract terms may be agreed upon. (3) Health insurance of a person with a temporary residence permit for the home country can be agreed that it will end at the latest after five years. If a shorter term is agreed, a similar new contract may be concluded only with a maximum period not exceeding five years, including the duration of the expired contract; this shall also apply if the new contract is is closed with another insurer. Unofficial table of contents

§ 196 Freezing of the sickness allowance insurance

(1) In the case of sickness allowance insurance, it can be agreed that the insurance with the completion of the 65. Life year of the insured person ends. The policyholder may, in this case, require the insurer to submit the application for the conclusion of a contract with the completion of the 65. New daily sickness allowance insurance commencing at the latest with the completion of the 70. End of life. The insurer shall, at the earliest six months before the end of the insurance policy, draw the attention of the insurer in writing in the form of the wording of this provision. If the application is submitted by the end of two months after completion of the 65. If the insurance cover is not higher or more comprehensive than in the previous tariff, the insurer has to grant the insurance cover without a risk check or waiting period. (2) If the insurer has the policyholder not referred to in the third sentence of paragraph 1, to the end of the insurance, and the application shall be made before the end of the 66. In accordance with the provisions of the fourth sentence of paragraph 1, the insurance shall begin with the access of the application to the insurer. If the insurance case has already occurred before the application has been made, the insurer is not obliged to perform. (3) Paragraph 1, second sentence, and 4 shall apply accordingly if, in direct connection to an insurance referred to in the first sentence of paragraph 1 or paragraph 2, the insurance policy is subject to the following conditions: A new sickness allowance insurance scheme shall be applied for in the first sentence of this Article, at the latest with the completion of the 75. (4) Contracting Parties may agree to a later life year as defined in the preceding paragraphs. Unofficial table of contents

§ 197 Waiting periods

(1) Insofar as waiting times are agreed, these may be considered as a general waiting period of three months and as a special waiting period for debinding, psychotherapy, dental treatment, as a general waiting period. Dental prosthetics and orthodontists do not exceed eight months. In the case of health care insurance, the waiting period must not exceed three years. (2) Persons who have left the statutory health insurance or who are excreted from another contract for sickness insurance are the uninterrupted period of insurance shall be counted on the waiting period, provided that the insurance is requested for immediate connection to the insurance not later than two months after the end of the pre-insurance period. This also applies to persons who are excluded from a public service relationship with a right to health care. Unofficial table of contents

§ 198 Child post-insurance

(1) If, on the day of birth, there is health insurance for at least one parent, the insurer is obliged to insure its newborn child from the completion of the birth without any risk surcharges and waiting times, if the application for the Insurance is provided retroactively at the latest two months after the day of birth. This obligation exists only in so far as the insured protection of the new-born child is no higher and not more comprehensive than that of the insured parent. (2) The birth of a child shall be the same if the child is in the The date of adoption is still a minor. If there is a higher risk, the agreement of a risk surcharge is allowed at most up to the simple premium level. (3) As a condition for the insurance of the newborn or the adoptive child, a minimum insurance period of the parent may be shall be agreed. This may not exceed three months. (4) The provisions of paragraphs 1 to 3 shall not apply to foreign and travel health insurance, insofar as for the newborn or for the adoptive child other private or statutory health insurance cover in the Domestic or foreign country. Unofficial table of contents

§ 199 State aid recipients

(1) In the case of sickness insurance for a insured person who is entitled to aid in accordance with the principles of the public service, it may be agreed that he or she shall retire with the retirement of the insured person in the amount of the (2) If the insured person is entitled to aid in accordance with the public service principles of the aid measure, or if the entitlement to the aid does not apply, the policyholder shall have a right to: The insurer is entitled to the insurance cover within the framework of the This will compensate for the change in the rate of aid to be measured or the amount of aid to which the aid has been granted. If the application is filed within six months of the amendment, the insurer shall grant the adjusted insurance cover without risk assessment or waiting period. (3) Paragraph 2 shall not apply to the granting of insurance in the basic tariff. Unofficial table of contents

§ 200 Prohibition of enrichment

If the insured person is entitled to a number of reimbursements on account of the same insurance case, the total refund shall not exceed the total expenditure. Unofficial table of contents

Section 201 Heralting of the insurance policy

The insurer is not obligated to perform if the policyholder or the insured person intentionally causes the illness or the accident in the case of itself. Unofficial table of contents

§ 202 Information obligation of the insurer; claims for damages

The insurer is obliged, at the request of the policyholder or the insured person, to provide information and insight into opinions or opinions which he or she is required to provide in the examination of his obligation to carry out his duties on the need for a medical treatment. If the information on or the inspection by the policyholder or the insured person is contrary to serious therapeutic reasons or other significant reasons, only a designated doctor or lawyer may be required to provide information. or to inspect. The claim can only be asserted by the person concerned or by their legal representative. If the policyholder has obtained the opinion or the opinion at the instigation of the insurer, the insurer shall reimburse the costs incurred. Unofficial table of contents

§ 203 Prepremiums and conditions adjustment

(1) In the case of sickness insurance in which the premium is calculated in the manner of life assurance, the insurer may only apply the corresponding technical calculation basis in accordance with § § 12, 12a and 12e in conjunction with Section 12c of the Insurance supervision law to be used for calculating premium. Except in the case of contracts in the basic rate in accordance with § 12 of the Insurance Supervisory Act, the insurer may, in consideration of an increased risk, agree to an appropriate risk supplement or a performance exclusion. In the basic arif, a risk assessment is only permitted insofar as it is necessary for the purposes of the risk equalisation according to § 12g of the Insurance Supervision Act or for subsequent tariff changes. (2) If health insurance is the case Right of termination of the insurer's statutory or contractual exclusion, the insurer is entitled, in the case of a change not only as a temporary change, to an accounting basis that is decisive for the premium calculation, the premium , in accordance with the corrected accounting standards, also for existing insurance ratios, provided that an independent trustee has reviewed the technical bases for calculation and agreed to the adjustment of the premium. In so doing, a deductible amount of deductible may also be adjusted and an agreed risk surcharge shall be amended accordingly, as far as this is agreed. The relevant accounting principles in the meaning of sentences 1 and 2 are the insurance benefits and the probabilities of death. § 12b (1) to (2a) shall apply to changes in premiums, premium surcharges and deductises, as well as to their verification and approval by the trustee, in connection with an act issued pursuant to Section 12c of the Insurance Supervision Act. (3) If, in the case of sickness insurance within the meaning of the first sentence of paragraph 1, the statutory right of termination of the insurer is excluded by law or by contract, the insurer is not only considered to be temporary Changes in the health care situation, the general public the conditions of insurance and the provisions of collective agreements should be adapted to changes in circumstances where the changes are necessary to ensure that the interests of policyholders are sufficiently respected and where an independent trustee meets the conditions for: (4) If a provision in general insurance terms of the insurer is declared ineffectual by the highest judgment or by a final administrative act. , § 164 shall apply. (5) The redetermination of the premium and the amendments referred to in paragraphs 2 and 3 shall take effect at the beginning of the second month following the notification of the re-establishment or changes and the reasons for this to the policyholder. Unofficial table of contents

Section 204 Rate change

(1) In the case of an existing insurance relationship, the policyholder may require the insurer to ensure that the insurer

1.

requests for change to other tariffs with similar insurance cover, taking into account the rights acquired under the contract and the retirement provision; in so far as the benefits are included in the tariff to which the policyholder wishes to change; is higher or more comprehensive than in the previous tariff, the insurer may require a performance exclusion or an appropriate risk supplement for the additional benefit and, in this respect, also a waiting period; the policyholder may agree to the agreement of a risk supplement and a waiting period by the fact that it is In the case of a change from the basic tariff to another tariff, the insurer may also require the risk surcharge determined at the conclusion of the contract; the change to the basic rate of the insurer if the rights acquired under the contract are taken into account and the ageing of the age is taken into account, it shall be possible only if:

a)

the existing sickness insurance scheme has been completed after 1 January 2009, or

b)

the policyholder's 55. Or the 55 years of age has been completed. It has not yet completed the life year but has fulfilled the conditions for entitlement to a pension of the statutory pension insurance scheme and has applied for this pension or relates to a retirement pension according to official or comparable rules or in need of assistance in accordance with the Second or Twelfth Book of the Social Code, or

c)

the existing sickness insurance cover has been completed before 1 January 2009 and the change to the basic tariff was requested before 1 July 2009;

a change from a tariff in which the premiums are calculated on a gender-independent basis into a tariff in which it is not the case is excluded;

2.

in the event of a termination of the contract and the simultaneous conclusion of a new contract, which may, in whole or in part, replace the health insurance cover provided for in the statutory social security system, with another health insurer

a)

the calculated retirement provision of the part of the insurance whose benefits are in accordance with the basic rate shall be transferred to the new insurer, provided that the declared sickness insurance scheme has been concluded after 1 January 2009;

b)

in the case of a conclusion of a contract in the basic tariff, the calculated ageing of the part of the insurance whose benefits are in accordance with the basic tariff shall be transferred to the new insurer, provided that the declared sickness insurance cover is not 1 January 2009 was completed and the dismissal occurred before 1 July 2009.

In so far as the benefits in the tariff from which the policyholder wishes to change are higher or more comprehensive than in the basic rate, the policyholder may require the insurer to enter into a supplementary tariff in which the person who is responsible for the rate of benefit is entitled to the The basic rate of ageing is to be set off. The claims under sentences 1 and 2 cannot be waived. (2) In the event of termination of the contract for private maintenance-compulsory insurance and the simultaneous conclusion of a new contract with another insurer, the Policyholders from the previous insurer require that the insurer transfers the retirement provision calculated for him/her to the new insurer. This claim cannot be waived. (3) Paragraph 1 does not apply to fixed-term insurance relationships. In the case of a freezing order in accordance with § 196, the right to collective bargaining according to the first paragraph of paragraph 1 shall apply. (4) Insofar as the health insurance is operated in the manner of life assurance, the policyholders and the insured person shall have the right to: to continue a announced insurance contract in the form of an insurance cover. Unofficial table of contents

§ 205 Termination of the policyholder

(1) Subject to an agreed minimum period of insurance for sickness costs and sickness insurance, the policyholder may have a health insurance relationship which has been received for more than one year shall be terminated at the end of the first year, or any subsequent year, subject to a period of three months. The dismissal can be limited to individual insured persons or fares. (2) If an insured person is subject to a law of sickness or maintenance insurance, the policyholder may within three months of the date of entry of the The insurance obligation is a sickness allowance, a sickness allowance or a nursing care insurance, as well as a health insurance existing for these insurances retroactive to the entry of the insurance obligation to terminate. The termination shall be ineffective if the policyholder fails to provide the insurer with the entry of the insurance obligation within two months after the insurer has requested him to do so in text form, unless the insurer has the right to do so. Policyholders shall not be responsible for the failure to comply with this deadline. If the policyholder makes use of his right of termination, the insurer shall be entitled to the premium only up to that date. Later on, the policyholder may terminate the insurance relationship at the end of the month in which he remembers the obligation to enter into insurance. The insurance obligation is the statutory entitlement to family insurance or the not only temporary entitlement to health care from a civil service law or similar service ratio equal. (3) The insurance contract is based on the insurance contract, that, when a particular age or other conditions are met, the premium applies to a different age or age group, or that the premium is applied in the light of an ageing reserve; , the policyholder shall be able to cover the insurance relationship in respect of the insured person concerned, terminate within two months of the change at the date of their effective acquisition, if the premium is increased by the change. (4) increases the insurer's premium on the basis of an adjustment clause. or if it reduces the performance, the policyholder may terminate, with respect to the insured person concerned, within two months of receipt of the notice of change, with effect for the date on which the increase in the premium or the (5) The insurer has reserved the right to reduce its performance. notice to individual insured persons or tariffs to be limited, and if he makes use of this possibility, the policyholder may, within two weeks after receipt of the termination, cancel the remaining part of the insurance to the Request the date on which the termination takes effect. The first sentence shall apply if the insurer declares the dispute or the resignation only for individual insured persons or tariffs. In such cases, the policyholder may request the cancellation at the end of the month in which he has received the declaration of the insurer. (6) By way of derogation from paragraphs 1 to 5, the policyholder may take out insurance which is a duty. In the case of another insurer for the insured person, he or she shall terminate a new contract which satisfies that obligation. The termination shall take effect only if the policyholder proves within two months of the notice of termination that the insured person is insured with a new insurer without interruption; is the date on which the insured person is responsible for the Notice of cancellation, more than two months after the termination of the notice, must be provided for proof up to this date. Unofficial table of contents

§ 206 Termination of the insurer

(1) Any dismissal of a medical expenses insurance, which fulfils an obligation pursuant to section 193 (3) sentence 1, is excluded by the insurer. In addition, the ordinary termination of a sickness insurance, sickness allowance and a nursing care insurance by the insurer is excluded if the insurance in whole or in part the insurance in the statutory social security system may replace health insurance or health insurance. It is also excluded from the hospital insurance scheme, which consists of a full insurance of sickness insurance. By way of derogation from the first sentence of the first three years, the insurer may, by way of a period of three months to the end of a period of three months, be entitled to a sickness allowance insurance for which no legal entitlement to a contribution grant from the employer exists. (2) In the case of sickness insurance or sickness benefit partial insurance, if the conditions laid down in paragraph 1 are not fulfilled, the insurer may only be able to cover the insurance relationship within the first three months of the insurance contract. insurance years at the end of an insurance year. The period of notice is three months. (3) If a sickness insurance or a nursing care insurance is effectively terminated by the insurer on account of late payment of the policyholder, the insured persons shall be entitled to: To declare the continuation of the insurance relationship under the name of the future policyholder; the premium shall be made from the continuation of the insurance relationship. The insured persons shall be informed by the insurer of the denunciation and the right to sentence 1 in text form. This right shall end two months from the date on which the insured person has become aware of that right. (4) The ordinary termination of a group insurance contract containing protection against the risk of illness by the insurer shall be admissible if the insured persons are entitled to continue health insurance under the terms of the individual insurance, taking into account the rights acquired under the contract and the ageing of the ageing population, to the extent that such provision is made. The second and third sentences of paragraph 3 shall apply accordingly. Unofficial table of contents

Section 207 Continuation of the insurance relationship

(1) If the insurance relationship is due to the death of the policyholder, the insured persons shall be entitled to continue the insurance relationship under the name of the policyholder within two months of the date of death of the policyholder. future policyholder. (2) if the policyholder dismises the insurance ratio as a whole or for individual insured persons, paragraph 1 shall apply accordingly. The termination shall be effective only if the insured person has become aware of the notice of termination. If the announced contract is a group insurance contract and is not named a new policyholder, the insured persons are entitled to the insurance ratio on the basis of the contract acquired from the contract. Rights and the ageing reserve, where such provision is made, to continue to the terms of the individual insurance. The right to sentence 3 ends two months after the date on which the insured person has become aware of that right. (3) An insured person shall submit his/her habitual residence to another Member State of the European Union; or -another State Party to the Agreement on the European Economic Area, the insurance relationship shall continue with the proviso that the insurer shall not be bound by any obligation on the part of the insurer to do so during a stay in the To provide inland. Unofficial table of contents

Section 208 Differing agreements

§ § 194 to 199 and 201 to 207 may not be dismissed to the detriment of the policyholder or the insured person. The written or text form can be agreed for the dismissal of the policyholder in accordance with § 205.

Part 3
Final provisions

Unofficial table of contents

Section 209 reinsurance, maritime insurance

The provisions of this Act shall not apply to reinsurance and to insurance against the dangers of maritime shipping (maritime insurance). Unofficial table of contents

§ 210 Major risks, current insurance

(1) The restrictions on contractual freedom under this Act shall not apply to major risks and to ongoing insurance. (2) Major risks within the meaning of this provision are:

1.

the risks of the transport and liability insurance cover covered by points 4 to 7, 10 (b) and 11 and 12 of Annex A to the Insurance Supervision Act,

2.

Risks to the credit and deposit insurance covered by points 14 and 15 of Annex A to the Insurance Supervision Act to policyholders who carry out a commercial, mining or freelance activity where the risks are to be associated with it, or

3.

Risks of insurance undertakings covered by points 3, 8, 9, 10, 13 and 16 of Annex A to the Insurance Supervision Act shall be subject to the risks of property, liability and other claims in the case of policyholders having at least two of the following three characteristics: exceed:

a)

EUR 6 200 000 balance sheet total,

b)

EUR 12 800 000 net turnover,

c)

an average of 250 employees per marketing year.

If the policyholder belongs to a group which is based on § 290 of the German Commercial Code, in accordance with § 11 of the publicity law of 15 August 1969 (BGBl. 1189), as amended, or in accordance with the requirements of Directive 2013 /34/EU of the European Parliament and of the Council of 26 June 2013 on the annual accounts, consolidated accounts and related reports of Companies of certain types of law and amending Directive 2006 /43/EC of the European Parliament and of the Council and repealing Council Directives 78 /660/EEC and 83 /349/EEC (OJ L 136, 31.4.2006, p. 19., the law of another Member State of the European Community or of another State Party to the Agreement on the European Economic Area is to establish a consolidated financial statement, Determination of the company size the figures of the consolidated financial statements authoritative. Unofficial table of contents

Section 211 Pensionskassen, smaller insurance associations, insurance companies with smaller amounts

(1) § § 37, 38, 165, 166, 168 and 169 are not to be applied to the extent to which provisions deviating with the approval of the supervisory authority in the General Terms and Conditions of Insurance are not applied to:

1.

Insurance for pension funds in the sense of Section 118b (3) and (4) of the Insurance Supervision Act,

2.

Insurance taken by an association which is recognised as a smaller club in the sense of the Insurance Supervision Act,

3.

Life insurance with smaller amounts and

4.

Accident insurance with smaller amounts.

(2) Furthermore, the pension funds referred to in paragraph 1 (1) shall not be applied;

1.

§ § 6 to 9, 11, 150 (2) to (4) and 152 (1) and (2); for § § 7 to 9 and 152 (1) and (2), this does not apply to distance contracts in the meaning of Section 312c of the Civil Code;

2.

§ 153, insofar as deviating provisions have been made with the approval of the supervisory authority in the General Terms and Conditions; § 153 (3) sentence 1 shall also not apply to the death treasury.

(3) Where the provisions of paragraph 1 (3) and (4) are different for insurance companies with smaller amounts, their effectiveness cannot be challenged on the basis of the fact that they are not insurance companies with smaller amounts. Handele. Unofficial table of contents

Section 212 Continuation of life insurance after parental leave

If, during a parental leave, there is a working relationship without payment in accordance with Section 1a (4) of the occupational pension law and a life insurance scheme for non-payment of life insurance completed by the employer in favour of the employee or the employee the premiums due during parental leave are converted into premium-free insurance, the worker may, within three months of the termination of the parental leave, require the insurance to be covered by the insurance Conversion will continue. Unofficial table of contents

§ 213 Collection of personal health data by third parties

(1) The collection of personal health data by the insurer may only be collected by doctors, hospitals and other hospitals, nursing homes and carers, other personal insurers and statutory health insurers, as well as Professional cooperatives and public authorities are permitted only if the knowledge of the data is necessary for the assessment of the risk to be insured or the obligation to provide services and the data subject has given his consent. (2) The consent required in accordance with paragraph 1 may be issued before the contract is drawn up . The data subject shall be informed before a survey referred to in paragraph 1, which may be contrary to the survey. (3) The data subject may, at any time, require that data be collected only if in each case in the individual survey (4) The person concerned shall be informed of these rights, on the right of objection referred to in paragraph 2 in the case of information. Unofficial table of contents

Section 214 Schlichtungsstelle

(1) The Federal Ministry of Justice may, in agreement with the Federal Ministry of Finance, the Federal Ministry of Economic Affairs and Technology and the Federal Ministry of Food, Agriculture and Consumer Protection, Organised bodies as a conciliation body for the out-of-court settlement of disputes

1.

in the case of insurance contracts with consumers in the sense of Section 13 of the Civil Code,

2.

between insurance intermediaries or insurance advisers and policyholders in the context of the mediation of insurance contracts.

The recognition is to be published in the Federal Gazette. The parties concerned may appeal to this jurisdiction; the right to appeal to the courts remains unaffected. (2) Private entities may be recognised as a place of jurisdiction if they are to be recognised as having regard to their replies and (3) The recognised entities are obliged to make every complaint about an insurer, whether or not they are subject to instructions or instructions. or an insurance intermediary, intermediary pursuant to § 66 and (4) The recognised mediation bodies may collect a fee from the insurance intermediary, intermediary in accordance with § 66 or insurance adviser. In the case of manifestly abusive complaints, the policyholder may also be required to pay a fee. The amount of the fee must be appropriate in proportion to the expenses of the recognised Schlichtungsstelle (Schlichtungsstelle). (5) Insofar as no private-law-organized institution is recognized as a settlement body, the Federal Ministry of Justice in the Agreement with the Federal Ministry of Finance, the Federal Ministry of Economics and Technology and the Federal Ministry of Food, Agriculture and Consumer Protection the tasks of the Schlichtungsstelle (Schlichtungsstelle) by means of a legal regulation without Assign the approval of the Federal Council to a federal authority or federal institute and whose procedures and the levying of charges and levies shall govern. Unofficial table of contents

Section 215 Court of jurisdiction

(1) In the case of claims arising from the insurance contract or insurance mediation, the court in whose district the policyholder is domicated at the time of the claim is also locally competent, in the absence of such an ordinary person. Stay. This court is solely responsible for actions against the policyholder. (2) § 33 (2) of the Code of Civil Procedure is not applicable to any counterclaims by the other party. (3) An agreement deviating from paragraph 1 shall be admissible in the event of: the policyholder, after the conclusion of the contract, relocates his or her residence or habitual residence from the scope of this law, or is not aware of his or her residence or habitual residence at the time of the action of the action. Unofficial table of contents

§ 216 Process standpoint for the majority of insurers

If an insurance contract with the individual insurers of Lloyd's has not been concluded by way of an establishment within the scope of this Act and there is a domestic court of jurisdiction, claims from it may be used against the empowered signatories to the syndicate listed in the insurance certificate in the first place or to a insurer designated by that certificate; a title awarded above shall have an effect on and against all parties to the insurance contract; involved insurers. Unofficial table of contents

Annex (to § 8 (5) sentence 1)

(Fundstelle: BGBl I 2009, 2408; bzstelle individual changes, see Footnote)

Revocation Instruction

Right of withdrawal You can make your contractual declaration within [14] 1 days without giving reasons in text form (e.g. B. letter, fax, e-mail). The period begins after you enter the insurance certificate, the terms of the contract including the General Terms and Conditions of Insurance, the further information pursuant to § 7 (1) and (2) of the Insurance Contract Act in conjunction with § § 1 to 4 The VVG-Information Obligations regulation and this information have been received in text form in each case 2. In order to maintain the withdrawal period, the timely dispatch of the revocation is sufficient. The revocation is to be sent to: 3 Revocation In the event of an effective revocation, the insurance cover shall end and we shall reimburse you to the part of the premiums paid after receipt of the revocation, if you have agreed that the insurance protection before the end of the revocation period begins. In this case, we may retain the part of the premium, which is due to the time until the withdrawal of the revocation, in this case [an amount equal to ...] 4. 5 The repayment of amounts to be repaid shall be effected immediately, no later than 30 days after receipt of the withdrawal. If the insurance cover does not begin before the end of the revocation period, the effective revocation shall result in the return of received benefits and the use of drawn benefits (e.g. B. interest). Special considerations Your right of revocation shall be lost if the contract is completely fulfilled by you and us at your express request, before you have exercised your right of withdrawal. (Place), (Date), (Signature of the policyholder) 6

Design considerations:
1	For life insurance, the staple supplement is: "30".
2	In the case of electronic commerce contracts (Article 312i (1) sentence 1 of the Civil Code), the following shall be inserted before the point at the end of the sentence: " , but not before the fulfilment of our obligations pursuant to § 312i (1) sentence 1 of the Civil Code, in conjunction with Article 246c of the Introductory Act to the Civil Code ".
3	The following are to be used: name/company and address-capable address of the revocation addressee. In addition, the following may be specified: fax number, e-mail address and/or, if the policyholder receives a confirmation of his revocation declaration to the insurer, also an internet address.
4	The amount can also be used in other documents, e.g. In the case of the application, the wording of the bracket shall be as follows: 'the amount shown in the application/in the ... on page .../under ...'.
5	In life insurance, if necessary to insert the following sentence: "We shall pay you the repurchase value including the surplus shares pursuant to Section 169 of the Insurance Contract Law."
6	If the insurance contract is concluded with a related contract, the following sentence shall be added at the end of the paragraph to "Revocation sequences": " If you have exercised your right of revocation in accordance with § 8 of the Insurance Contract Law, you are no longer bound by a contract relating to the insurance contract. A related contract shall be provided if it relates to the revoked contract and if it relates to a service provided by the insurer or a third party on the basis of an agreement between the third party and the insurer. A contractual penalty may not be agreed or required. "
7	Location, date, and signature bar can be omitted. In this case, this information should be replaced either by the words "end of the revocation instruction" or by the words "your (e) [use: company of the insurer]".