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Part 1 · General part  ›  Division 1 · General provisions › Section 9

Legal consequences of revocation

(1) If the policyholder exercises the right of revocation in accordance with section 8 (1), the payments received are to be refunded promptly, at the latest within a 30-day period. The period begins for the insurer on receipt of the revocation notice, and for the policyholder on its submission.

(2) If insurance cover begins prior to the end of the revocation period, in derogation from subsection (1), the insurer is only obliged to refund to the policyholder the share of the premiums paid for the period after receipt of the revocation notice if the policyholder

1.  has been properly instructed with regard to this legal consequence prior to submitting his or her contractual acceptance, and

2.  he or she has explicitly agreed, in the case of a distance contract in accordance with section 312c of the Civil Code, that the insurance cover begins prior to the end of the revocation period.

The policyholder in this case does not have to refund claims which he or she has asserted under the insurance contract prior to exercising the right of revocation on the basis of an insured event.

(3) If the insurance cover begins prior to the end of the revocation period, and if the precondition in accordance with subsection (2) sentence 1 number 1 has not been met, in derogation from subsection (1), the insurer must

1.  refund the share of the premiums paid for the period after receipt of the revocation notice, and

2.  additionally refund the premiums paid for the first year of the insurance cover, unless the policyholder has claimed under the insurance contract prior to exercising the right of revocation on the basis of an insured event.

Subsection (2) sentence 2 applies accordingly to the policyholder.

(4) If the insurance cover begins prior to the end of the revocation period, and if the preconditions in accordance with subsection (2) sentence 1 number 1 or 2 are not met, in the case of a distance contract in accordance with section 312c of the Civil Code, only subsection (1) applies, unless the policyholder has claimed under the insurance contract prior to exercising the right of revocation on the basis of an insured event. In such cases, in derogation from subsection (1), the insurer

1.  must refund the share of the premiums accounted for by the period after receipt of the revocation notice, and

2.  must only refund the share of the premiums accounted for by the period up to receipt of the revocation notice which exceeds the claims asserted by the policyholder.

Subsection (2) sentence 2 applies accordingly to the policyholder.

(5) If the policyholder has effectively exercised his or her right of revocation in accordance with section 8, he or she is also no longer bound by a contract associated with the insurance contract. An associated contract is deemed to exist if it is connected to the revoked contract and relates to a service of the insurer or of a third party on the basis of an agreement between the third party and the insurer. The policyholder may not incur any costs as a result of exercising the right of revocation.

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