A building insurer is obliged to advise the buyer of an insured property. This was decided by the Karlsruhe Higher Regional Court (AZ: 1 O 164/21). If the buyer wishes to take over the existing insurance or pay the premium, makes this clear to the insurer and no advice is given, the insurer may be liable for possible underinsurance. In this specific case, the insurer had to pay for a loss of 118,000 euros. It did not point out to the interested party that he had to take out his own insurance.
The dispute arose when a man tried to take over his ex-wife's existing buildings insurance. He had previously been given a plot of land with a detached house as part of a divorce. The man feared that his ex-wife would no longer be able to pay the premium, informed the insurer and wanted to have the insurance transferred to himself. However, the insurer refused the transfer because the ex-wife had not given her consent. The man then tried in vain to obtain this. However, the insurer did not inform him that he could take out a new insurance policy himself.
After water damage occurred and the insurance company failed to settle the claim due to non-payment, the man sued for damages. The Higher Regional Court of Karlsruhe ruled in favor of the plaintiff and emphasized that the insurer had breached its duty to advise. The simple notification that a transfer was only possible with the consent of the previous policyholder was insufficient. The insurer should have advised the purchaser to take out their own insurance so that the desired protection could be guaranteed.
© immonewsfeed
