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Part 2 · Individual classes of insurance  ›  Chapter 3 · Transport insurance › Section 132

Change of risk insured

(1) In derogation from section 23, the policyholder may aggravate the risk insured, or change it in another manner, and permit changes by a third party. He or she must disclose the change to the insurer without undue delay.

(2) If the policyholder has not provided notification of an aggravation of the risk insured, the insurer is not obliged to effect payment if the insured event occurs after such time as the insurer should have received the notification. He or she is obliged to effect payment

1.  if he or she was aware of the aggravation of the risk insured at the time when he or she should have received the notification,

2.  if the duty of disclosure was not breached, either intentionally or by acting with gross negligence, or

3.  insofar as the aggravation of the risk insured was not the cause of the occurrence of the insured event or of the extent of the liability.

(3) In derogation from section 24, the insurer is not entitled to terminate the contract on account of an aggravation of the risk insured.

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