Consumers are not entitled to double payment of the insurance premium, even if they have multiple insurances
In the case of multiple insurance, consumers are not entitled to double payment of the insurance premium. This has been decided by the Oberlandesgericht Oldenburg (Az .: 5 U 18/17), as reported by the “Neue Juristische Wochenschrift”.
Even worse, if two contracts have been concluded in order to deliberately bill multiple times, the contracts may be void and lead to the loss of insurance coverage. In the case under negotiation, an insured had claimed his household contents insurance after a fire damage to 40 000 euros.
The insurance refused the payment because there is multiple insurance. The insured had taken out two insurance policies for the same risk and deliberately denied this when concluding the insurance contract. The insured denied this, claiming that his other household contents insurance had been completed in 1996. He did not speak German well enough at the time.
According to the court, however, it was proved that the insured party concluded the contract fraudulently. For he had already four months after the conclusion of the insurance in 2012, both insurers reported a water damage and received by both 800 euros.
It was not obvious that the man remembered the insurance from 1996 only on the occasion of this claim and did not think of this contract at the conclusion of the second insurance policy shortly before the damage. Shortly after the water damage, the man had also changed the insurance contract from 1996 to a higher insurance sum. Therefore, it can be assumed that the man intended from the beginning to double count in case of damage.