(1) The restrictions on the freedom of contract under the present Act do not apply to jumbo risks or to open policies.
(2) Jumbo risks within the meaning of this provision are:
1. risks of the transport and liability insurance indicated at nos. 4 to 7 and 10(b), as well as nos. 11 and 12, of Annex I to the Insurance Supervision Act,
2. risks of the credit and suretyship insurance indicated at nos. 14 and 15 of Annex I to the Insurance Supervision Act, where the policyholders exercise a commercial, mining or freelance activity, if the risks are relevant thereto, or
3. risks of the property, liability and other indemnity insurance indicated at nos. 3, 8, 9, 10, 13 and 16 of Annex I to the Insurance Supervision Act, where the policyholders exceed at least two of the following characteristics:
a) 6,600,000 euros balance sheet total,
b) 13,600,000 euros net turnover,
c) an average of 250 employees per fiscal year.
If the policyholder belongs to a group of companies which must prepare a consolidated financial statement in accordance with section 290 of the Commercial Code, in accordance with section 11 of the Disclosure Act of 15 August 1969 (Federal Law Gazette I, p. 1189), in the respectively valid version, or in accordance with the law of another Member State of the European Community or of another contracting state of to the Agreement on the European Economic Area that is in concordance with the requirements of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182 of 29 June 2013, p. 19), the figures contained in the consolidated financial statement are material to the establishment of the size of the undertaking.