The recently regulated claim of the CGPA is particularly interesting because the following clause was discussed here, which is included in all insurance conditions and always applies when it is a matter of omission: If damage is caused by negligent omission, it applies in case of doubt the infringement as committed on the day on which the neglected action should have been carried out at the latest in order to avert the occurrence of the damage.
If the insurance broker changes his VSH provider between the time of the original forgetting and the discovery of the damage, the former VSH insurer can take the position that the breach time falls within the contract period of the new insurer. Because theoretically, according to the clause quoted above, the omitted action could have been made up on the day before the loss event.
In the present case, the insurance broker had made its customer alternative offers to the existing household insurance in 2015. He had sold this home contents insurance to the customer himself when he had only recently been working as an exclusive agent. In the meantime he had changed his status and wanted to make his client, who had meanwhile signed a brokerage contract, an offer with better conditions. The customer accepted one of the offers and asked for further initiation, but this did not happen (= neglected action). The process was forgotten and the customer no longer came to the broker in this regard.
In 2018, the insurance broker switched to CGPA with its VSH insurance. In 2020, the insurance broker’s customer suffered a break-in. The bicycles and sports equipment stolen from the garden shed were not insured in the household contents insurance, which was still covered by the insurance broker’s former employer. However, you would have been insured had the insurance broker properly forwarded the customer’s acceptance of the offer in 2015.
The insurance broker first turned to his then insurer, who examined the matter extensively, but ultimately referred to the above clause and referred the broker to his new VSH insurer. CGPA then commissioned the Michaelis law firm to deal with the claim. This was then able to persuade the previous insurer in an amicable conversation to take part in an accommodating 50% of the damage. Ultimately, the broker was still insured with the former insurer for 3 years, i.e. until 2018, and during this time he no longer noticed the failure. It was almost impossible that the insurance broker would remember it in the future. CGPA took over the remaining 50% of the damage.
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