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The liability insurance is a special form of the insurance against loss, whose arrangement in Germany in "§"§ 149 - 158k insurance contract law (VVG) (and almost identically in Austria) is regulated. It secures the insurant against requirements third: the insurer releases the insurant before claims for damages third, thus (only) a remuneration pays if the insurant is obligated to the payment of damages due to legal liability regulations of contents under private law (for example after "§ 823 BGB). If unfounded requirements are made valid against the insured one of third, the insurance covers the defense of these unfounded requirements and supplements Rechtsschutzversicherung.Die of contracts is to that extent based almost always on "“general conditions of insurance for the liability insurance"” (AHB). For the range of the occupation liability insurance and the financial damage liability insurance partly deviating conditions particularly exist.

Forms of the liability insurance

  • Liability insurance for private customers
    • Private liability insurance for the cover of the risks as a private person from the dangers of the daily life
    • Kfz liability insurance, the obligation insurance during permission of a Kfz, which covers the damage caused by use of the motor vehicle
    • Keeper of an animal liability insurance for the security of the special liability risks as owners of animals
    • Office and service liability insurance for the security of the special liability risks as in the public service (e.g. teacher/inside at school)
    • House and basic owner liability insurance against liability claims, those by or within the range of houses, as well as reason and soil develop
    • Waters damage liability for security against the consequences of groundwater damage by oil tanks and other plants with waters-harmful substances
    • Water haven liability insurance insurance against water-haven-conditioned damage
    • Hunt liability insurance for security approximately by the hunt practice caused liability claims
    • Owner liability insurance insurance against liability claims in connection with building projects
  • Occupation liability insurance and/or office liability insurance for the security of vocationally caused damage opposite third, about
    • as employee or a civil servant over the office liability insurance or the service liability insurance, a financial damage liability insurance
    • as a freelance active physician: Physician adhesion
    • as free architect or civil engineer
    • as a member right and taxadvisory occupations, thus attorney, notary, tax counsel, chartered accoutant: Financial damage liability
  • different operating liability insurance, for cover more commercially and industrieller risks of enterprises, in particular that
    • Trade and industrial liability under inclusion of the product liability
    • Environmental liability
  • so-called D&O insurance, a financial damage liability insurance for organs of enterprises

Exclusions

Numerous exclusions specify besides, in which cases of the insurers does not carry out. From the insurance protection are regularly excluded:

  • deliberately caused damage
  • Requirements between relatives and persons, who have insurance protection from the same insurance contract
  • Damage to strange things, which the insurant actually possesses, borrows due to for instance rent, leasing, lease, forbidden arbitrary action or which it keeps due to contractual agreement
  • Damage to strange things, which the insurant works on
  • Environmental, radiating and asbestos damage.

Exemplarily is referred 4 AHB to the standard terms of the general association of the insurance economy (GDV), which can be called over the homepage of the BdV, there "§.

Duration of the insurance relationship

The liability insurance is locked regularly on one or more years. In order to offer to the insurant complete insurance protection in the long term, it extends, if it is not quit within the prescribed period before expiration of the contract and runs then in the long run for an unlimited period. The contract can be quit (from both sides) after a case of loss or after a liability process.

Who needs a liability insurance, whom she

The liability insurance is recommended also after the independent judgement of straight for private households urgently, since after civil law book in principle for damage in full height is responsible. If no security exists, the must pay this damage from own bag. Therefore the insured sums should be adapted regularly to the changed requirements. In the operating liability insurance the insurant carries frequently over a self participation the damage partly, in order to hold the insurance premium still within economically reasonable framework.

The insurant locks the liability insurance first only in the own interest, in order to secure itself for the case of requirements. However the liability insurance has beyond that the social purpose to secure frequently innocently for the damage an appropriate remuneration of its entitled requirements. Therefore the does not fall economically into the fortune of the insurant, who can meet concerning this no order ("§ 156 exp. 1 VVG), which damage can demand also in the case of the insolvency of the insurant seperate satisfaction ("§ 157 VVG). Also a direct requirement of the damage is partly fixed opposite the insurer.

Note: Only 67% the Federal citizen possess a private liability insurance. What if someone a damage of a person is no liability insurance has and also not the money this damage to This is not a financial risk which can be underestimated. For this reason for some time liability insurance special conditions has in such a case the damage to take over (damage loss covering).

Despite this substantial relevance for insurants such as damages only exeptionally deviating a legal obligation exists from the conclusion of a liability insurance, mostly in the vocational range from the principle of the freedom of contract:

  • High risk range: Motor vehicle insurance, hunt liability insurance
  • On the right of and restaurant economics: Lawyers, tax counsels, chartered accoutants & notaries
  • other manufacturing ones: Guard enterprise, Schausteller and broker

In these cases the insurer is committed to the liability to insure regularly also then to the achievement at the damages, if opposite the insurant achievement liberty exists, "§ 158 C VVG: for instance because of premium delay, notice or injury of Obliegenheiten. This does not relieve however the insurant ("§ 158 D VVG), who owes then the insurer the achievement furnished for it. After the draft for the revised version of the VVG this is to be supplemented by a direct requirement of the damage similar to the regulation in the Kfz liability insurance.

No such obligation to the conclusion of liability insurance exists incomprehensible-proves in the range of the physician adhesion for physicians, hospitals and other occupations of welfare.

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