(1) If one interest is insured against the same risk with several insurers, and the sums insured exceed the insurable value, or for other reasons the sum of damages which would have to be paid by the insurer if the other insurance did not exist exceeds the total loss (multiple insurance), the insurers are liable as joint and several debtors in such a manner that each insurer must pay the sum in accordance with his or her contract, but the policyholder cannot demand more than the total amount of the loss.
(2) As regards the insurers, they are liable in relation to each other to effect payment in proportion to the amounts for which they are liable in accordance with each respective contract. If foreign law is applicable to one of the insurance policies, the insurer to whom foreign law applies may only assert a claim for compensation against the other insurer if he or she is personally liable to pay compensation under the relevant law.
(3) With regard to liability insurance of combinations of vehicles, in case of multiple insurance, the insurers are obliged in relation to each other on a pro rata basis in accordance with the provision contained in section 19 (4) of the Road Traffic Act (Straßenverkehrsgesetz). If an accident is caused by a combination of vehicles, and if the vehicle liability insurer of the trailer is not obliged to fully compensate the third party, this insurer is to inform the third party at his or her request without undue delay regarding the identity of the vehicle liability insurer of the tractor or, if he or she is unable to identify the vehicle liability insurer of the tractor, regarding the compensation mechanism in accordance with Article 10 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ L 263 of 7 October 2009, p. 11), amended by Directive (EU) 2021/2118 (OJ L 430 of 2 December 2021, p. 1).
(4) If the policyholder has taken out multiple insurance with the intention of thereby gaining an illegal pecuniary benefit, each contract made with that intention is void; the insurer is entitled to the insurance premium up until such time as he or she learned of the circumstances establishing the nullity.