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BGH Rules: Transport Delays Not Insurance Cases

The BGH's decision clarifies a grey area in insurance law. It means transport companies' intentional delays won't trigger insurance coverage.

There are so many people walking and there is a car and truck on road.
There are so many people walking and there is a car and truck on road.

BGH Rules: Transport Delays Not Insurance Cases

The Federal Court of Justice (BGH) has ruled on a case involving a transport company, Werner Ruploh, and an auto insurance provider. The full text of the ruling is available free of charge from Rudi & Susanne Lehnert's insurance and pension consulting firm, exclusively for Versicherungsmagazin subscribers.

The BGH dismissed the lawsuit against the auto insurance company (No. 1/40). The court ruled that if a transport company, like Werner Ruploh, intentionally delays reimbursement to a client by depositing received cash into its own account, this does not constitute an insurance case.

The BGH's ruling sets a precedent for such cases. It clarifies that intentional delays in reimbursement by transport companies, without causing an auto insurance claim, can now be addressed under different legal provisions.

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