Exhaustive terms and conditions of insurance
In the case in question, the parties had concluded the current insurance contract prior to the amendment of 23.5.2020 to the Infectious Diseases Protection Act (IfSG) and the Regulation on the Extension of the Notification Obligation of 30.01.2020. Hamm’s OLG confirmed the negative decision previously issued by Essen’s LG with respect to payment arising from a business closure insurance policy. The wording of the terms and conditions of insurance is exhaustive and including the addition in brackets “(cf. Sections 6 and 7 IfSG)“ means that there would be no insurance cover for subsequent extensions to the legislation.
Deviation from ruling by Mannheim’s LG
The decision of Hamm’s OLG thus deviated from the ruling by Mannheim’s LG from 29.4.2020, which was discussed in the PKF Newsletter 8/20. Hamm’s OLG rejected an interpretation towards a “dynamic“ reference (also) for subsequent amendments to the Infectious Diseases Protection Act.
Please note: For an evaluation of the obligation of insurers to provide insurance coverage for coronavirus-induced business closures an overview of the agreed provisions and any lists of diseases/pathogens would be of relevance. An addition in brackets “(cf. Sections 6 and 7 IfSG)“ would need to be assessed in the overall context.