(1) The contract of insurance may provide for the insurance cover to begin prior to the date on which it was concluded (retroactive insurance).
(2) If the insurer knows, when submitting his or her contractual acceptance, that the occurrence of the insured event is impossible, he or she is not entitled to an insurance premium. If the policyholder knows, when submitting his or her contractual acceptance, that an insured event has already occurred, the insurer is not obliged to effect payment.
(3) If the contract is concluded by a representative, in the cases referred to in subsection (2) account is taken of both the knowledge of the representative and that of the person who he or she is representing.
(4) Section 37 (2) does not apply to retroactive insurance.