{"id":17396,"date":"2014-08-25T10:10:15","date_gmt":"2014-08-25T08:10:15","guid":{"rendered":"https:\/\/fiala.de\/intermediary-law-practical-can-there-be-a-gap-in-insurance-coverage-despite-freedom-from-interruption-for-a-period-of-time-after-reinsurance\/"},"modified":"2021-12-12T16:46:01","modified_gmt":"2021-12-12T15:46:01","slug":"intermediary-law-practical-can-there-be-a-gap-in-insurance-coverage-despite-freedom-from-interruption-for-a-period-of-time-after-reinsurance","status":"publish","type":"post","link":"https:\/\/www.fiala.de\/en\/intermediary-law-practical-can-there-be-a-gap-in-insurance-coverage-despite-freedom-from-interruption-for-a-period-of-time-after-reinsurance\/","title":{"rendered":"Can there be a gap in the insurance cover despite the fact that there is no time limit for interruption after reinsurance?"},"content":{"rendered":"

An article from the series “Vermittlerrecht praktisch” of the DHBW Heidenheim:<\/p>\n

The OLG Celle (judgment of 10.05.2012, ref. 8 U 213\/11<\/a>) ruled:<\/p>\n

“If a policyholder who has changed his homeowners’ insurer cannot prove, within the meaning of Code of Civil Procedure section 286, to which <\/em><\/p>\n

time a tap water damage has occurred, so that it cannot be clarified which of the insurers is liable, this <\/em><\/p>\n

Ambiguity at the expense of the policyholder. The policyholder’s shortage of evidence cannot be established either procedurally or substantively. <\/em><\/p>\n

be overcome.”<\/em><\/p>\n

Already the advice of the (industrial) insurance broker, first of all only to call in an insurance consultant or private appraiser, is often not followed.<\/p>\n

be defective in breach of duty.<\/p>\n

The risk of dealing with the claims process yourself as a broker will be well-intentioned as an expensive service and customer assistance, but can be<\/p>\n

pose a considerable liability risk due to the lack of legal and civil procedural knowledge in the preservation of evidence.<\/p>\n

In the event of urgency, any policyholder may, prior to the actual litigation, enter into an independent<\/p>\n

Request evidence procedure.<\/p>\n

The subject of proof would be, for example, to establish when damage occurred, so that in the end either the former or the current<\/p>\n

insurers would be obliged to pay. However, in order for both insurers to be bound by the result of the evidence at a later date, they must also be provided with the<\/p>\n

Dispute to be explained.<\/p>\n

The insurance broker or intermediary will also have to ensure that, in the event of a change of cover, the new insurer will be responsible for the insurance after its<\/p>\n

The policy also provides cover if the time at which the loss occurred cannot (or can no longer) be ascertained and only<\/p>\n

the claim is reported during the contract period of the subsequent insurer.<\/p>\n

by Dr. Johannes Fiala<\/p>\n

by courtesy of<\/p>\n

https:\/\/www.dhbw-heidenheim.de<\/a><\/p>\n

\n","protected":false},"excerpt":{"rendered":"

An article from the series “Vermittlerrecht praktisch” of the DHBW Heidenheim: The OLG Celle (judgment of 10.05.2012, ref. 8 U 213\/11) ruled: “If a policyholder who has changed his homeowners’ insurer cannot prove, within the meaning of Code of Civil Procedure section 286, to which time a tap water damage has occurred, so that it […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":"","rank_math_focus_keyword":"Freedom from interruption","rank_math_description":"If a policyholder who has changed his residential building insurer cannot prove in the sense of \u00a7 286 ZPO at which time a tap water damage occurred, so that it cannot be clarified which of the insurers is liable, this ambiguity is at the expense of the policyholder.","rank_math_title":""},"categories":[492],"tags":[542,645,623],"class_list":["post-17396","post","type-post","status-publish","format-standard","hentry","category-veroeffentlichungen-en","tag-makler-en","tag-claims-settlement","tag-umdeckung-en"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts\/17396","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/comments?post=17396"}],"version-history":[{"count":0,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/posts\/17396\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/media?parent=17396"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/categories?post=17396"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.fiala.de\/en\/wp-json\/wp\/v2\/tags?post=17396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}