Defence against BU contestation
Defending against challenges to the building permit and withdrawal – Your legal defence in Augsburg
The insurer wishes to contest or withdraw from your occupational disability insurance policy – usually on the grounds of allegedly incorrect health information provided at the time of application. However, the hurdles for contesting or withdrawing from the policy are high: strict time limits, the burden of proof resting with the insurer, and clear legal safeguards under Sections 19–22 of the Insurance Contract Act (VVG). As specialist solicitors in insurance law in Augsburg, we systematically defend against challenges and withdrawals.
Challenge vs. cancellation – what the insurer is doing regarding your occupational disability policy
If the insurer wishes to terminate your occupational disability insurance policy, it has two options available: withdrawal under Section 19 of the Insurance Contract Act (VVG) and avoidance on the grounds of fraudulent misrepresentation under Section 22 VVG in conjunction with Section 123 of the German Civil Code (BGB). Both result in the insurer not paying any occupational disability benefits – but the requirements and your options for defence differ significantly. In Augsburg, we assess whether the insurer’s declaration is valid at all.
Your strongest lines of defence against challenges and resignations
Defending against a challenge to an occupational disability claim or a policy cancellation is no matter of chance, but rather the result of systematic legal work. The Insurance Contract Act (VVG) provides policyholders with several strong lines of defence. In Augsburg, we examine every case for all available grounds for challenge – because often a single error on the part of the insurer is enough to render the entire declaration invalid.
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Challenge and Defence Check
Check how strong your defence is against a challenge or withdrawal by the insurer.
Causality and the burden of proof – why insurers often fail
Even if there has been a breach of the duty to disclose, this does not automatically mean that the insurer is exempt from liability. The Insurance Contract Act (VVG) sets out further hurdles that the insurer must overcome. Our experience in Augsburg shows that the more closely we examine a notice of avoidance or cancellation, the more weaknesses we uncover.
Rebuttal of causality under Section 21(2) of the Insurance Contract Act
Even if the insurer’s withdrawal is valid, they remain liable to pay benefits if the undisclosed medical condition is not the cause of the occupational disability that has arisen. For example, if you failed to disclose previous back treatment but are unable to work due to cancer, the presumption of causality is rebutted. The insurer must then pay your occupational disability pension despite having withdrawn from the policy. We regularly use this argument successfully in Augsburg.
The burden of proof regarding fraudulent intent lies with the insurer
In cases where a policy is contested on the grounds of fraud, the insurer bears the full burden of proof. It must prove that you knowingly and deliberately provided false information when applying for the policy in order to influence its risk assessment. Mere forgetfulness, ignorance or a differing assessment is not sufficient. In practice, many challenges fail precisely because of this burden of proof – particularly if years have passed between the application and the challenge.
What to do if a challenge arises – immediate measures in Augsburg
If you receive a letter from your occupational disability insurer contesting or cancelling your claim, you need to act quickly and carefully. The wrong response could permanently weaken your position. By seeking legal advice from the outset, you can effectively protect your claims in Augsburg.
Immediate checklist upon receipt of the statement
Keep the letter and its envelope safe – the date of receipt may be crucial. Do not sign anything and do not make any hasty statements. Gather all your contract documents, including the application form and health questionnaire. Check whether you have legal expenses insurance. And above all: contact a specialist insurance lawyer in Augsburg immediately before responding to the letter.
Why you shouldn’t reply yourself
Making statements directly to the insurer on your own is risky. Any comment regarding health-related questions could be interpreted as an admission. Insurers phrase their questions specifically to elicit statements they can use against you. A specialist solicitor in Augsburg will handle all communication and ensure that your answers strengthen rather than weaken your position.
Frequently Asked Questions
Further information
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This information does not constitute legal advice in individual cases.
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