B-5.1 Pre contractual duty of disclosure, Watercraft Liability Insurance, Basis Plus

B-5.1.1: same wording in Liability Basis, clause B-5.1

B-5.1.2 Rescission. 1 Incomplete and incorrect information about circumstances material to the risk entitles the insurer to rescind the insurance contract. 2 The insurer has no right of rescission if you prove that neither you nor your representative gave the incorrect or incomplete information intentionally or through gross negligence. The insurer's right of rescission for a grossly negligent breach of the duty of disclosure does not exist if you prove that the insurer would have concluded the contract even had it known the undisclosed circumstances, albeit on different terms. 3 In the event of rescission there is no cover. If the insurer rescinds after the occurrence of the insured event, it may not refuse cover if you prove that the circumstance disclosed incompletely or incorrectly was causal neither for the occurrence of the insured event nor for establishing or determining the extent of the insurer's obligation to German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. pay. Even in that case, however, there is no cover if you breached the duty of disclosure fraudulently. The insurer is entitled to the part of the premium corresponding to the contract period elapsed up to the point at which the declaration of rescission takes effect.

B-5.1.3 Change of premium or right of cancellation. If the insurer's right of rescission is excluded because the breach of a duty of disclosure was based neither on intent nor on gross negligence, the insurer may cancel the contract giving one month's notice. The right of cancellation is excluded if you prove that the insurer would have concluded the contract even had it known the undisclosed circumstances, albeit on different terms. If the insurer can neither rescind nor cancel because it would have concluded the contract even had it known the undisclosed circumstances, but on different terms, those other terms become part of the contract retrospectively at the insurer's request. If you are not responsible for the breach of duty, the other terms become part of the contract from the current insurance period. If the contractual adjustment increases the premium by more than 10 per cent, or if the insurer excludes cover for the undisclosed circumstance, you may cancel the contract without notice within one month of receiving the insurer's notification. The insurer must assert the rights available to it under clauses A-5.1.2 and A-5.1.3 in writing within one month. The period begins at the point at which it learns of the breach of the duty of disclosure on which the right it asserts is based. It must state the circumstances on which it bases its declaration; it may state further circumstances subsequently in support of its declaration if the one month period has not expired for them. The insurer has the rights under clauses A-5.1.2 and A-5.1.3 only if it drew your attention to the consequences of a breach of the duty of disclosure by separate notification in text form. The insurer cannot rely on the rights named in clauses A-5.1.2 and A-5.1.3 if it knew of the undisclosed risk circumstance or of the incorrectness of the disclosure. (The German original refers here to clauses A-5.1.2 and A-5.1.3, which do not exist; the rights meant are those under B-5.1.2 and B-5.1.3.) B-5.1.4 Avoidance. The insurer's right to avoid the contract for fraudulent misrepresentation remains unaffected. In the event of avoidance the insurer is entitled to the part of the premium corresponding to the contract period elapsed up to the point at which the declaration of avoidance takes effect.