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Page modified: Saturday, June 24, 2006 10:36:33

In the liability insurance the principle of the speciality applies: only in the contract characteristics, legal relations and activities specified of the insurant are secured by the covering promise of the insurer as "“insured risk"”.

The precaution insurance considers to the circumstance that neither in the operational nor the private liability insurance this insured risk remains unchanged: in relation to the situation at the time of conclusion of the contract step to the well-known new risks in addition, existing extend or are omitted. The insurant requires nevertheless comprehensive insurance protection, which is ensured by the precaution insurance:

"§ 1 exp. 2 of the general liability insurance conditions (AHB) differentiates between on the one hand increases and extensions of the insured risk, and on the other hand again in addition-stepping risk-qualitative or quantitative changes of already well-known risks are generally coinsured. This comes to carrying, if beside to a designated dog a further (increase) and/or instead of a Dackels a combat dog (extension) is held.

If the insurant insured so far at all no comparable risk, thus a new steps in addition, then the precaution insurance ensures the insurance protection to partly lowered extent (smaller covering sums!). The risk is therefore easily noncontributory coinsured up to the next A condition is however that the insurant admits the new risk to the insurer then on request gives and both on his inclusion into the contract agrees. If it announces the new risk late or not at all or it if the according to tariff offer of the insurer is too expensive, the insurance protection is void retroactively starting from entrance of the risk.

The precaution insurance does not presuppose that the new risk would generally fall under the insurance protection of the existing contract: to a private liability insurance commercial risks can, for instance a business concern in addition-step, without the insurer could prevent this.

The validity of the precaution insurance is however impossible in particular for the risk of the KFZ liability or further risks expressly specified as for instance (commercial in particular) the adhesion from environmental risks, and particularly specified risks.


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