Obligations protection does not apply following refusal of performance Munich August 2013: usually results in a breach of the policyholder, the insurer in the event of a claim being free performance, explains Auer Witte Thiel. Rejected the insurance to the performance but also an appeal to the obligations is no longer possible. Auer Witte Thiel informs about a corresponding judgment of the Federal Court. The plaintiff was a policyholder who wanted to win the power transfer for Frost breakage by his homeowners insurance. These were built as a result of heating failure.
The building owner was told the insurance, to have been around the time of the failure on the ground to be, but nothing by a heating failure notice. The insurance accused him, the vacant building not sufficiently heated, nor drained the water pipes. Thus, he violated the contractually agreed obligations, leading to a termination by the insurer. More The case, Auer Witte Thiel provides information under available. Then asked the policyholders his insurance lawyer letter to review the facts of the case and now suddenly stated that his wife had last been in the building. Although the heating as we know it no longer worked on said date, it was still warm at this time. The fraudulent deception attempt is recognized by the insurance, which indicated to clarify still further inquiries for the editing.
Because she mailed on the same day but also the confirmation of the cancellation and refund of the overpaid premiums, she forfeited the right to be able to rely on the breach. So the BHG decided the plaintiff in the lower courts had failed. Auer Witte Thiel: Who fraudulently deceives loses entitlement normally, Auer Witte Thiel, any claim for payment is forfeited with a malicious deception. As she only came after the termination, she don’t have one according to the BGH More importance. Because the protection of contractual obligations applies only as long as is the insurance audit – and negotiate. The freedom of services due to fraudulent ends with the rejection of the performance (German Federal Supreme Court, ruling of 13 March 2013 IV ZR 110/11). But there is a way to, rely on the breach, explains Auer Witte Thiel: namely, by the insurance their clients clearly indicates that she then wants to rejoin in the substantive examination. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.