11.02.2021 Law
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When making the application, the policyholder was read out the health questions so quickly that he could not answer the complex questions properly and in detail.
After he claimed benefits and the insurer was informed of the exact health situation before submitting the application, he challenged the contract because of false pre-contractual information.
However, the policyholder was able to make credible that the agent had read out the questions quickly and that it was therefore impossible to answer the complex questions.
The higher regional court (OLG) Stuttgart did not see fraudulent behavior on the part of the policyholder in the false information.
The OLG ruled in favor of the policyholder. The insurer has to pay because the challenge was not legal.
The full text of the judgment (No. 2/06) can be found at Rudi & Susanne Lehnert Insurance and Pension Advisory Service – phone: 09 11/40 51 73 or e-mail: [email protected]
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Liability: Since every final judgment is only an assessment of an individual case, there is therefore no liability or guarantee with regard to success.
Author (s): Rudi and Susanne Lehnert
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