2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
The Federal Supreme Court ruled that the insurance company must treat illegitimate partners in the same way as spouses in the event of damage. When they form a community.
In the case of motor vehicle insurance, partners out of wedlock who form a partnership with the policyholder are to be treated like direct family members. The insurer's right of recourse against the partner cannot be asserted. The Federal Court of Justice (BGH) recently determined this in a judgment (Az.: IV ZR 160/07).
Recourse would affect life partners anyway
In that case, the partner of the insured person caused an accident in which the car was destroyed. The hull insurer also wanted to compensate for the damage, but sue the partner for damages. The court contradicted this. A claim against the partner would affect the policyholder “economically
no less than in a marriage” if the funds for the cohabitation were raised and used together. In addition, a restriction to family members in a domestic community would no longer correspond to today's social conditions. (mid)
