Unterschied Zwischen Agreement Und Contract
In the event of avoidance of the contract, the insurer is exempt from its obligation for a previous insurance event, section 21, paragraph 2, of the PLA. Footnote 80 However, the insurer is liable when the policyholder provides evidence that misrepresentation is a fact that is not the cause of the appearance or assessment of the insurance event, nor the determination or extent of the insurer`s liability (loss statement, section 21, paragraph 2, first sentence, 2, of the PLA). However, the policyholder is denied a rebuttal of causation if it is fraudulently misrepresented, paragraph 21, paragraph 2, second sentence, of the PLA. The insurer may ask questions about important circumstances until the contract is concluded. Even if the insurer asked questions before the policyholder filed its contract statement, the insurer may ask further questions until the contract is concluded (Article 19, paragraph 1, second sentence, of the PLA). If the insurer had entered into the contract on different terms with respect to undisclosed facts, the insurer may adjust the contract by notification. In this scenario, the different conditions become part of the contract with retroactive effect at the conclusion of the contract. Federal Court of Justice decisions on the insurance insurer`s (and insurance intermediary) advisory obligations remain rare. Footnote 29 This is because the requirements that are part of a duty of advice (as in paragraph 6, paragraph 61 of the PLA) are deliberately worded flexibly in order to obtain the opportunity to take into account the circumstances of this case. Footnote 30 However, when establishing advisory obligations, German courts do not descend from slippery slopes, but base these obligations on the principles of general contract law. As a result, court decisions on the identified cause required (see above) are undoubtedly plausible when faced with the early termination of existing life insurance contracts, the underwriting of new life insurance contracts, the substitutions of health insurers or the risks associated with under-insurance. Footnote 31 It was only in a particular situation where a clear policy was concluded with a subsequent payment contract that the court concerned had to justify its decision with extensive dogmatics. According to federal court of justice jurisprudence, an insurance agent – unlike a brokerNote 32 – notifies the client of the effects of entering into a net policy in the event of early termination.
Specifically, this means that the representative must draw the client`s attention to the fact that after a short period of time, he is still required to pay the brokerage fee if the insurance contract is terminated after a short period of time; if this instruction has not been given, the court will consider that the policyholder would not otherwise have subscribed to the network policy. Footnote 33 The terms “agreement” and “contract” are used interchangeably, but legally they are two different things.