2.11.2020 – Because the insurance conditions did not make it clear whether a water pipe had to be shut off if an apartment was not used and not supervised or not used or not supervised, the arbitration board recommended insurance brokers to cover damage to tap water.
An apartment in a residential building was not occupied, but was regularly inspected by workers, cleaning staff and a real estate agent. The kitchen countertop was damaged by water leaking from a tap.
The house has a home insurance policy, which also includes tap water damage insurance.
According to the conditions of this insurance, the policyholder is obliged to “shut off the water supply systems and other water-bearing systems in unused and unsupervised buildings”.
Breach of obligation?
The policyholder demanded compensation for the damage from the insurer: Due to a subsidiarity clause, property damage that is to be borne by the landlord is to be covered.
The insurer refused a benefit; the apartment was empty at the time of the damage and was therefore not used. The policyholder violated an obligation because the water system was not shut off.
The policyholder then turned to the Legal service and arbitration body of the professional association of insurance brokers (RSS). The obligation only applies if the apartment is neither used nor supervised, he argues.
Any ambiguities are at the expense of the insurer
The RSS emphasizes that, according to the judicature, general contractual conditions are to be interpreted as they would be apparent to an average relative from the addressees addressed; Clauses are to be interpreted objectively, limited to the wording.
Any ambiguities are therefore at the expense of the party from whom the relevant formulations originate, i.e. usually at the expense of the insurer.
In any case, the purpose of a provision in general terms and conditions, which is recognizable for an objective observer, should be taken into account, according to the RSS.
Coverage recommended
The sense of the agreed safety regulation is that the policyholder has to reduce the risk of tap water damage if pipes are not used because an apartment is not being used and no supervision is ensured.
Due to the wording in the conditions, however, it is unclear whether the two conditions “not used” and “not supervised” have to be present cumulatively or alternatively for the applicability of the clause, i.e. whether both or only one of them must apply.
This lack of clarity in the conditions is at the expense of the insurer, to whom the RSS recommended that the damage be covered.
Further information
The recommendation of the RSS of July 3, 2020 can be used as PDF document (351 KB) can be downloaded from the association’s website.
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