BGH decides: Direct claim vs. insolvency - effects of accession to debt remain

BGH decides: Direct claim vs. insolvency - effects of accession to debt remain

According to a report by rsw.beck.de, the Federal Court of Justice has decided that the effects of a statutory assumption of guilt that occurred before the start of the trial remain intact under the Insurance Contract Act (VVG), even if the requirements later no longer apply. This concerns the direct claim against an insurer in the event of a claim for damages.

This decision has far-reaching consequences for insurance companies and possibly also for consumers, particularly when it comes to claims for damages resulting from insolvency proceedings. The impact of this decision could be felt in various areas. This could influence the calculation of insurance premiums for liability insurance, as insurers may have to take higher risks into account. Consumers may also see more sensitive premium adjustments. In addition, this decision could also have an impact on legal practice, particularly with regard to the enforcement of damages claims and the selection of the right opponent in such cases.

The Federal Court of Justice's decision to uphold the effect of a statutory assumption of guilt that occurred before the start of the trial therefore raises important questions for the insurance industry and potentially also for consumers. It remains to be seen how insurance companies and other stakeholders will react to this decision and what practical impact it will have in the future.