(1) Insofar as the knowledge and conduct of the policyholder are of legal significance, in the case of insurance for the account of a third party, account is also taken of the knowledge and conduct of the insured person.
(2) Account is not taken of the knowledge of the insured person if the contract was made without his or her knowledge, or it was impossible or unreasonable for him or her to inform the policyholder in good time. The insurer need not accept the objection cited against him or her that the contract was made without the knowledge of the insured person if the policyholder concluded the contract without being instructed to do so by the insured person, and did not indicate to the insurer at the time the contract was concluded that he or she was concluding the contract without having been instructed to do so by the insured person.