B3-1.2 Legal consequences of a breach of the duty of disclosure, Watercraft Accident Insurance, Basis

B3-1.2.1 Rescission and loss of cover. If you breach your duty of disclosure under B3-1.1 paragraph 1, we may rescind the contract. In the event of rescission there is no cover for the past either. German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. We have, however, no right of rescission if you prove that you gave the incorrect or incomplete information neither intentionally nor through gross negligence. Our right of rescission for a grossly negligent breach of the duty of disclosure does not exist if you prove that we would have concluded the contract on the same or on different terms even had we known the undisclosed circumstances. If we rescind after the occurrence of the insured event, we 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 benefit. Even in that case, however, there is no cover if you breached the duty of disclosure fraudulently.