(1) Sections 74 to 80, and sections 82 to 87, apply insofar as the insurance cover is granted in accordance with the principles of indemnity insurance. Sections 23 to 27, and section 29, do not apply to health insurance. Section 19 (4) does not apply to health insurance if the policyholder is not responsible for the breach of the duty of disclosure. In derogation from section 21 (3) sentence 1, the time limit for asserting the insurer’s rights is three years.
(2) Section 86 (1) and (2) apply accordingly if the policyholder, or an insured person, is entitled to the repayment of remuneration paid without legal basis to the provider of services for which the insurer has paid compensation on the basis of the contract of insurance.
(3) Sections 43 to 48 apply to health insurance with the proviso that only the insured person may demand payment of the insurance benefit if the policyholder has designated him or her in writing to the insurer as the beneficiary of the insurance benefit; such designation may be revocable or irrevocable. Where this condition is not met, only the policyholder may demand payment of the insurance benefit. The insurance policy need not be presented.