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8.9 Change in material circumstances of the premium calculation, Legal Expenses Insurance, Premium

Clause 8.9, Change in material circumstances of the premium calculation, from Legal Expenses Insurance, Premium, ARB WRS Premium (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:

read Legal Premium 8.9 in German.

8.9.1 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 with it we cover 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 for 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 you have received our notice. In our notice we must point out your right of cancellation to you. After we have learned of the increase in risk, we must exercise our right to change the premium within one month. German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only.

8.9.2 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 two months have expired, your insurance premium is reduced only from the time at which you informed us.

8.9.3 If we ask you to provide us with the details required to calculate the premium, you must send them 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 acted neither intentionally nor with gross negligence. (Example of “grossly negligent conduct”: someone breaches the care required in ordinary dealings to an unusually high degree.) In the following cases you have no cover:  You intentionally give false details within the deadline.  You intentionally fail to give required details.  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 details required to calculate the premium were already known to us. If you withheld details or gave incorrect details through gross negligence, we may reduce the scope of our payment 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 breaches 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 payment.  The deadline for our cancellation has expired and we have not cancelled. The rules just described are not applied if  the change is so insignificant that it would not lead to an increase in the premiums, or  it is evident that this change is meant to be co-insured. 9 When do claims under the insurance contract become time barred? (A)

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