Loss of keys on the Main: Ombudswoman wins dispute with insurer!

Loss of keys on the Main: Ombudswoman wins dispute with insurer!

In one notable case, Dr. Sibylle Kessal-Wulf, the insurance ombudsman, successfully settled a disputed matter between a consumer and a liability insurer. The incident, which is documented in the arbitration board's 2024 annual report, revolved around the loss of a radio ignition key that was lost when a motorboat landed in the Main. The responsible liability insurer initially refused to cover the costs and invoked an exclusion clause that excluded liability claims for damage to land, aircraft and water vehicles, such as Insurance Journal reported.

Dr. However, Kessal-Wulf noted that the wording of the exclusion clause was unclear. She argued that the key could not be clearly defined as part of the vehicle, which created an additional point of conflict. In addition, she pointed out that the water contact could also have damaged the key's electronics. Based on this argument, she was able to persuade the liability insurer to settle the damage.

The role of the ombudsman

Dr. Sibylle Kessal-Wulf was appointed ombudswoman in April 2024 and brings with her extensive experience from her previous work as a judge, including at the Federal Constitutional Court. In her role, the ombudsman acts as an independent arbitration board for consumers in insurance matters. Consumers can contact her free of charge to resolve disputes with insurance companies, whereby the ombudsman works neutrally and efficiently in accordance with the standards of law and order, informs The insurers.

The ombudsman is responsible for a variety of insurance policies, including household contents, liability, motor vehicle and life insurance. However, the consumer should first contact their insurer before initiating the ombudsman procedure. A complaint form is available on the Ombudsman's website and the process is free of charge for the consumer. If the complaint value is less than 10,000 euros, the ombudswoman can announce a binding result and if the amount is higher, she will make a non-binding recommendation.

Statistical insights and outlook

Numerous cases are documented in the arbitration board's annual report. These examples provide insight into complaint handling and are not representative of the general frequency or importance of the topics. Meaningful statistics about procedural results cannot therefore be derived, which illustrates the complexity and diversity of the concerns.

The decision of Dr. Kessal-Wulf's decision to settle the disputed case shows the efficiency and importance of ombudsman arbitration, which enables consumers to enforce their claims and find fair solutions. It remains to be seen how the ombudsman's practice will develop and what further challenges she will face in the insurance landscape.