Recent cases where we have represented insurance holders

In the following, we are providing you with a small insight into the wide range of our insurance law activities.

The surrender value of a life insurance

We have represented many clients who had cancelled their life insurance prematurely in the past few years. By means of judgments by the Federal Court of Justice from 12th October 2006 and 9th May 2001, it was ascertained that insurance companies had wrongly calculated the surrender value of life insurances by wrongly calculating the high acquisition costs at the beginning of the contract. In the name of our clients, we were able to achieve the contracts being recalculated and a further repayment resulted.

A private health insurance company cancels an insurance contract due to alleged deception

We often handle cases where a private health insurance company wants to cancel an insurance policy within the first three years. The reason is that the insurance holder had untruthfully kept an illness secret on application. This was exposed on inspection of the patient's medical files at the treating physician's.
Further information about cancelling private health insurance

Calculating a property loss after a burglary

Our client's rented flat was broken into six months after moving in. The burglars stole many high quality electronic devices and a CD collection. Then they vandalized clothing, furniture and wallpaper. The insurance company sent a loss assessor who calculated the amount of loss on the basis of the number of square metres.

We were able to convince the insurer that in the case of the furniture and wallpaper, which were only six months old, payment was to be effected on an "old for new" basis. As well as that, we were able to prove that a high quality specialized CD collection was not to be valued at an average price of three Euros per CD.

Thanks to our activities, the client received four times the amount of the first quote from the insurer.

Severe cervical spine whiplash after a harmless accident

Our client was the victim of a harmless rear-end collision and it was clear that the counterparty was 100% to blame. Whereby he did not feel any discomfort at the scene of the accident, during the course of the day, pins and needles in his hands, numbness, vertigo and neck panes started to appear. In the course of the weeks to follow, our client could hardly walk any longer and then suffered a brainstem infarct. These are all symptoms of severe injury to the cervical spine with the so-called Wallenberg syndrome.

The victim's car insurance company paid all material damage without further ado. Yet, they refused to pay for the health consequences and the pains suffered. These were not due to the accident, for the client was not injured at the scene of the accident.

This case is still pending at court.

Coverage of a tradesman by professional liability insurance

Our client, a sanitary installation company, built a heating system in a shell construction for a builder. A few weeks later, yet before the builder had inspected and accepted the building, it had sprung a leak. It could not be ascertained whether the piping had been damaged by a third party or had been laid wrong from the beginning. The builder commissioned us to claim for the damage that arose.

By means of an insurance law legal opinion, the insurer has granted the installer coverage to ward off claims for damages for the time being.

A health insurance company's obligation to pay

Our client has a private health insurance and has had a very large chest since puberty. In the course of the years, this has caused posture damage and psychological impairments. For this reason, our client had a surgical breast reduction operation.

The insurer refused his obligation to pay on the ground that it was only cosmetic surgery, which was not medically necessary.

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