The case: A father takes out occupational disability insurance (BU insurance) for his 15-year-old daughter. He does not mention any previous illnesses, although the daughter has been in psychiatric treatment for two years – which the father knows. Five years later, the daughter dropped out of school due to mental health problems and was unable to begin vocational training. Instead of paying, the insurer withdraws from the contract due to the breach of pre-contractual advertising obligations.
The judgment: The higher regional court (OLG) Braunschweig gives the insurer right. The father had fraudulently wrongly answered the question about previous mental illnesses in the form. The court rejected his objection that his daughter’s disorders had by then been resolved. In the form, the insurer asked about illnesses that had occurred in the past five years, regardless of whether they had healed. In addition, the court rejected the father’s statement that he only knew about his daughter’s weakness in reading and writing. Her therapist had stated that the parents were involved in the treatment. As a result, the father realized that the insurance company, with the knowledge of the daughter’s illness, would not have concluded the contract or only concluded it on different terms. It is therefore fraudulent – reason enough for the insurance company to withdraw from the contract. Judgment of August 13, 2020, Az. 11 U 15/19)
Tip: Do you want to stay up to date on financial topics? Then subscribe to the free newsletter from handwerk.com. Register here now!
Also interesting:
— – – —
— – – —- .
