(1) If the insured event occurs subsequent to an aggravation of the risk insured, the insurer is not liable if the policyholder intentionally breached his or her duty under section 23 (1). In the event of a grossly negligent breach, the insurer is entitled to reduce his or her benefits payable commensurate with the severity of the policyholder’s fault; the burden of proof that there was no gross negligence is on the policyholder.
(2) In the cases of aggravation of insured risk in accordance with section 23 (2) and (3), the insurer is not obliged to effect payment if the insured event occurs later than one month after the time when the insurer should have received notification, unless the insurer was aware of the aggravation of the risk insured at that point in time. He or she is liable if the breach of the duty of disclosure in accordance with section 23 (2) and (3) was not intentional; subsection (1) sentence 2 applies in the event of a grossly negligent breach.
(3) The insurer is obliged to effect payment, in derogation from subsections (1) and (2) sentence 1,
1. if the aggravation of the risk insured was not the cause of the occurrence of the insured event or of the extent of the liability, or
2. if at the time of the occurrence of the insured event the insurer’s termination period had expired and the contract was not terminated.