The judges of the Federal Supreme Court (BGH) have now decided in a landmark ruling that insurance companies should not rely on clauses in old insurance policies that do not comply with the new legislation and this even contradict (IV ZR 199/10 Az .:).
In the present case there has been a dispute between a property owner and its buildings insurance. The owner did not leave empty the water pipes of a vacant apartment, although it was agreed in the old contract. The insurance refused the takeover of the entire water damage that occurred in the episode in winter. For more than half of the damage, the company wanted to pay, since it took the view that the owner was responsible for the breach itself. However, the homeowner demanded the total damage replaced and pointed out that the entire clause about a possible breach of duty was ineffective. He based his claim with a lack of adaptation of the clause to the new law, after there has to be a graded scheme, which splits the damage between insurance and customer depending on the function of the fault.
The judges found the reasoning of the owner of right and decided to tell the whole clause to be invalid, since the insurer has failed despite a transitional period of one year to adapt their contracts to the new law. Already in 2008 the right of consumers was reinforced in case of damage, but not all insurers have kept to the specifications and adjusted their contracts accordingly. The Supreme Court has now ruled in favor of consumers. Insurers can no longer rely on the fact that their customers have breached its contractual obligations under the old and no longer valid regulations. You have to pay in case of damage, unless the customer has complied with all obligations under the new rules.
On the part of consumer protection there are appreciative encouragement to the decision. Lars Gatschke, insurance expert at the Federation of Consumer Organizations, says that the customer must be informed of his rights if he sees his contract. And that is only possible if this is consistent with the currently valid legal situation.
Now there are really slow only a few days before the deadline 30 November 2011 If you want to ride better and cheaper in the new year with a new car insurance, which is required to submit his resignation to the end of November at its current auto insurance. If the written notice of the current car insurance is not available prior to November 30, 2011 at the present insurance company, then the driver must continue with his insurance next year. Those who do not properly satisfied, which should use the last week of October for car insurance exchange.
However, before drawing hasty changes, may be made to an independent website such as car insurance online information free of charge and without obligation on all aspects of car insurance. For example, guidance on which car insurance for drivers duty - and which are not.
A motor vehicle liability insurance, for example, is - as the name suggests - a liability insurance. Especially with this insurance, it is particularly important to find the provider that fits perfectly to the car, life and budget. Voluntary insurance is the comprehensive insurance. A distinction is made between partial coverage and full insurance.
Regardless of these insurance policies that most drivers in the same car insurance, you should consider what you yourself is a type of insurance. Do you need direct personal contact in the insurance office - or you can be well understood in order to discuss anything but the phone? Depending on personal preference, you can choose between a branch and a direct insurer insurers here. In many cases, this is also a question of cost, for direct insurers are cheaper than insurers who have to maintain an expensive branch network in general.
If you have all the information collected, you can now make a car insurance online comparison, for example, simply with the three car insurance computers on car insurance online.
In Berlin a Autozündler has now been caught, said to be responsible for the damage of 100 cars. It involves a 27-year-old painter, is said to have confessed to having committed 67 arsons out of frustration. The German car insurance may require the arsonist that he pays for the damage caused.
The man has to expect two processes: a criminal trial for arson with danger to human life - and a civil process that the car insurance may initiate legal proceedings against him. The latter is likely to be quite hopeless, since the man was unemployed for several years behind bars must - and then the million Euro will never have for the car damage well. Establish this recourse claim seems to be hopeless.
According to the Association of the German insurance industry, it can be assumed that most cars had a damage waiver. This pays in the case of arson. How much the German car insurers have paid a total of 100 cars for this is not known. If it were per case 10,000 euros, it would go this is a total loss of 10 million euros. In addition, there are some cases in which garages, carports or buildings were damaged.
Interestingly, the arsonist has so far been the police never conspicuous. He probably does not come clearly from the radical leftist milieu. As was to be read in one day mirror comment, the man has probably made it a little politics. In Berlin's last election campaign, several parties had taken up the theme to make atmosphere against Wowereit Senate.