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Global Insurance and Reinsurance Bulletin Winter 2012
- Hogan Lovells
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- Argentina, Brazil, China, Ecuador, France, Germany, Peru, Russia, Spain, United Kingdom
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- January 3 2013
Court has jurisdiction to sanction insurance business transfer involving Gibraltar authorised firm
Ruling on reach of the insurer's duty to request additional information from insured
- Hogan Lovells
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- Germany
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- November 8 2011
In general under German law, the insurer has a duty to request additional information if necessary to evaluate the insured risk
No claim for recovery of the insurer if the third party did not act grossly negligent
- Hogan Lovells
- -
- Germany
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- November 8 2011
In cases of insurances of buildings, the insurer can claim recovery from the person causing the damage, often a tenant of the insured
Total loss of insurance benefit of a car insurance in cases of gross negligence
- Hogan Lovells
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- Germany
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- November 8 2011
81 I VVG (German Insurance Contract Act) states that the insured loses any insurance benefit if he acted with intent whereas 81 II VVG only gives a pro rata reduction in case of gross negligence
Ineffective legal consequence in old contracts
- Hogan Lovells
- -
- Germany
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- April 21 2011
The German Insurance Contract Act ("VVG") was revised with effect from 1 January 2008
Adoption of the broker's questionnaire by the insurerco-insurance (Dornbracht)
- Hogan Lovells
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- Germany
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- April 21 2011
A questionnaire which was drawn up by a policyholder's broker and also answered by the broker is not regarded as a questionnaire of the insurer within the meaning of section 19 paragraph 1 of the German Insurance Contract Act ("VVG"
Policyholder can have a duty to provide information even without a request for information
- Hogan Lovells
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- Germany
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- April 21 2011
Under section 31 of the German Insurance Contract Act ("VVG") the policyholder has to provide information to the insurer, but only insofar as the insurer has requested such information
