(1) Where it has been established by final judgment that the third party has no right to claim compensation, the judgment, if issued between the third party and the insurer, is also effective to the advantage of the policyholder; if it is issued between the third party and the policyholder, it is also effective to the advantage of the insurer.
(2) If the third party’s claim against the insurer has been established by final judgment, acknowledgement or settlement, the policyholder against whom claims have been asserted by the insurer on the basis of section 116 (1) sentence 2 must accept this establishment unless the insurer has culpably violated the obligation to avoid unfounded claims for compensation and to minimise or duly establish the loss.
(3) Subsections (1) and (2) do not apply insofar as the third party may not assert his or her claim for damages against the insurer in accordance with section 115 (1).