(1) An aggravation of the risk insured is only deemed to be such change in the circumstances which is to be classed as an aggravation of the risk insured by explicit agreement; the agreement must be made in writing.
(2) If, in the event of an aggravation of risk insured, lower insurance benefits are payable in accordance with the insurer’s applicable tariff if the premium does not change, these are deemed to have been agreed one month after the aggravation of the risk insured begins. The insurer may only assert more comprehensive rights if the policyholder fraudulently failed to disclose the aggravation of the risk insured.