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B-5.4 Legal consequences of a breach of obligation, Watercraft Liability Insurance, Basis
From Watercraft Liability Insurance, Basis, AVB WSH Basis (1-2025nam). German law applies to the contract and the German wording alone is binding. This English text is a courtesy so that you can read what you are buying. It is not a contract document. Where the English and the German text differ, the German text decides: read this clause in German.
1 If you breach an obligation under this contract that you must fulfil before the occurrence of the insured event, the insurer may cancel the contract without notice within one month of learning of the breach. 2 If in the event of a claim you intentionally breach one of the obligations named in B-5.3, you have no cover. If you breach one of your obligations through gross negligence, the insurer is entitled to reduce the insurance benefit in a proportion corresponding to the severity of your fault. If you prove that you did not breach the duty through gross negligence, cover remains in place. The insurer is released from the obligation to pay, wholly or in part, only if it drew your attention to this legal consequence by separate notification in text form. It is, however, obliged to pay so far as you prove that the breach of obligation was causal neither for the occurrence or establishment of the insured event nor for establishing or determining the extent of the insurer's obligation to pay. This does not apply if you breached the obligation fraudulently.
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