Cancellation after a claim – from either side
An insurer can cancel your policy after a claim too. Which deadlines apply depending on the type of insurance, and how to keep cover from lapsing in between.
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After a claim, either side can often end the contract – including the insurer. Which rule applies depends on the type of insurance. If you know this, a cancellation will not take you by surprise and you can arrange a replacement in good time.
Property insurance: § 92 VVG
In property insurance, for example household contents (Hausrat), buildings (Wohngebäude) or comprehensive motor cover (Kasko), either party can cancel the contract once an insured event has occurred. This is only permitted until one month after negotiations on the settlement have been concluded. If the insurer cancels, it must give one month’s notice.
- Deadline: one month from the end of negotiations
- Applies to both parties
- The insurer must give one month’s notice
- Keep all correspondence about the settlement
Liability insurance: § 111 VVG
In liability insurance, the right to cancel is not linked to the end of negotiations. Either side can cancel once the insurer has accepted your claim to be indemnified or wrongly rejected it. The same applies if the insurer instructs you to let the matter go to court with the injured party. Cancellation is only permitted within one month of the acceptance or rejection, or, if there is a court case, within one month of the judgment becoming final. If the insurer cancels, it must again give one month’s notice.
Legal expenses, accident and other lines
For legal expenses, accident and other insurance that is neither property nor liability insurance, there is no statutory right to cancel after a claim. Whether and under what conditions either side may cancel after an insured event is governed solely by the terms of your policy. Check them before you cancel or if you expect a cancellation.
What this means in practice
A settled claim can therefore lead to the end of your contract without you having done anything wrong. If the insurer cancels, arrange a replacement promptly and report your previous claims correctly to the new provider – otherwise you face exactly the problems that arise from the duty of disclosure.
Frequently asked questions
Can the insurer cancel my policy after a claim?
That depends on the type of insurance. In property insurance, such as household contents, buildings or comprehensive motor cover, either party can cancel under § 92 VVG. In liability insurance, § 111 VVG applies. For legal expenses or accident insurance there is no statutory right to cancel after a claim; the policy terms decide. Where the statutory rules apply, the insurer must give one month's notice.
How long is cancellation possible?
In property insurance, until one month after negotiations on the settlement have been concluded (§ 92 VVG). In liability insurance, within one month after the insurer has accepted or rejected your claim to be indemnified, or after a judgment in the dispute with the injured party has become final (§ 111 VVG). After that, cancellation on these grounds is no longer permitted.
Do I have to disclose previous claims for a new policy?
If you are asked about them in text form, yes – fully and truthfully. Concealed previous claims fall under the duty of disclosure in § 19 VVG and can put your new cover at risk.
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.
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