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7.9 Change in material circumstances of premium calculation, Legal Expenses Insurance, Basis Plus
Clause 7.9, Change in material circumstances of premium calculation, from Legal Expenses Insurance, Basis Plus, ARB WRS Basis Plus (1-2025nam).
German law applies; only the German wording is binding.
This English text is a courtesy so you can read what you buy, not a contract document.
Where the two differ, the German text decides:
7.9.1 If, after conclusion of the contract, a circumstance arises that justifies a higher insurance premium than the one agreed, we may demand this higher premium from then on. For we are thereby covering a higher risk (example: you have insured a motor yacht with us and now additionally acquire a jet ski). If we cannot insure this higher risk even against a higher premium, we must exclude cover against this risk. In the following cases you may cancel the insurance contract: your premium increases by more than 10 per cent, or we refuse to cover the higher risk. In these cases you may cancel the contract without notice within one month after our notification has reached you. In our notification we must draw your attention to your right of cancellation. After we have learned of the increase in risk, we must exercise our right to change the premium within one month.
7.9.2 If, after conclusion of the contract, a circumstance arises that justifies a lower insurance premium than the one agreed, we may from then on demand only this lower premium. You must notify us of this circumstance within two months. If you inform us after the expiry of two months, your insurance premium is reduced only from the time at which you informed us.
7.9.3 If we ask you to provide us with the information required to calculate the premium, you must send it to us within one month. If you do not comply with this obligation, we may cancel the insurance contract giving one month's notice, unless you prove to us that you did not act intentionally or with gross negligence. (Example of "grossly negligent conduct": someone disregards the care required in ordinary dealings to an unusually high degree.) In the following cases you have no cover: You intentionally give incorrect information within the period. You intentionally fail to give required information. The insured event occurs later than one month after the time at which you should have informed us of the increase in risk. Your cover does not lapse if the information required to calculate the premium was already known to us. If you have concealed information or given incorrect information through gross negligence, we may reduce the extent of our benefits in proportion to the severity of your fault. You must prove that you did not act with gross negligence. (Example of "grossly negligent conduct": someone disregards the care required in ordinary dealings to an unusually high degree.) Exception: in the following cases you nevertheless have cover: You prove to us that the change neither influenced the occurrence of the insured event nor increased the extent of our benefit. The period for our cancellation has expired and we have not cancelled. The rules just described are not applied if German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. the change is so insignificant that it would not lead to an increase in premiums, or it is evident that this change is intended to be co-insured. 8 When do claims under the insurance contract become time barred? (A)
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