Your rights

Duty of disclosure: why wrong answers cost you your cover

Get the questions on your application wrong and your cover is on the line. What § 19 VVG demands, when the insurer can withdraw from the contract, and what protection is left afterwards.

Updated: 30 August 2026 Tim Jungeblut Editorial methodology

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What you have to disclose
The consequences are graded
When the insurer adjusts the contract

The pre-contractual duty of disclosure (Anzeigepflicht) is the least conspicuous and most consequential part of any application. When you make a claim, it decides whether the contract holds at all.

What you have to disclose

You must disclose the circumstances relevant to the risk that the insurer asked about in text form. The questionnaire is what counts: whatever it asks must be answered fully and truthfully. As a rule, you do not have to volunteer anything you are not asked about.

Only questions in text form trigger the duty
Answer fully and truthfully
If in doubt, ask rather than guess
Keep your answers and a copy of the application

The consequences are graded

If you breach the duty of disclosure, the insurer can withdraw from the contract. However, the right of withdrawal is excluded if you breached the duty neither intentionally nor through gross negligence. The degree of fault is therefore decisive – slight negligence does not automatically mean losing your cover.

When the insurer adjusts the contract

Instead of withdrawing, the insurer can change the contract. If this raises the premium by more than 10 per cent, or if the insurer excludes cover for the undisclosed circumstance, you can cancel the contract without notice within one month of receiving the notification.

Frequently asked questions

What happens if I answered a question incorrectly?

That depends on the degree of fault. If the duty of disclosure was breached intentionally or through gross negligence, the insurer can withdraw from the contract under § 19 VVG. If the breach was neither intentional nor grossly negligent, the right of withdrawal is excluded – the insurer may then adjust the contract instead.

Do I have to disclose things I was not asked about?

As a rule, no. The duty of disclosure under § 19 VVG covers circumstances relevant to the risk that the insurer asked about in text form. The questionnaire therefore defines the scope of your duty.

Can I cancel if the insurer changes the contract afterwards?

Yes, under certain conditions. If the change raises the premium by more than 10 per cent, or if cover for the undisclosed circumstance is excluded, you can cancel without notice within one month of receiving the notification.

Selected sources

Note: This article is general information and not legal advice. It does not replace an assessment of your individual case by a lawyer or a consumer advice centre. No guarantee of accuracy; the law and case law may change.