Künftige Sanktionen der Herbeiführung des Versicherungsfalls und der Verletzung der Rettungsobliegenheit: Die Reform des § 61 VVG und der §§ 62, 63 VVG

The contribution deals with the intended reform of the provisions of the German Insurance Code concerning (a) the causation of the insured event and (b) the rescue obligation. The focus lies on the sanctions, and in particular on whether, when the insurant acts with gross negligence, an apportionment should take place (as under Swiss insurance law), or whether the ?All-or-nothing-principle“ should be retained (the author’s view). As to the rescue obligation, the author argues against its extension to the period before the insured event occurs. The insurant should generally and independently of a rescue obligation have a right to claim the expenses he incurred when attempting to avert the realisation of a risk he had not negligently caused. The contribution concludes with seven propositions.