Die einjährige Ausschlussfrist bei Invaliditätsleistungen gem. § 7 Abs. 1, S. 3 AUB 88/94 und die Einbindung des Arztes

§ 7 para. 1 phrase 3 AUB 88/94, according to which the invalidity, that has occured within a years time, must be medically determined and enforced within 15 months after the accident, contravenes § 307 para. 2 no. 2 BGB, § 307 para. 1 phrase 1 BGB and § 307 para. 1 phrase 2 BGB. The 15 months’ deadline excludes many policy holders from their insurance claims in advance. This endangers the contracts intention. Secondly: via the above clause the insurer would be enabled to transfer the risk of a wrong medical prognosis completely onto the policy holder which will lead to an improper disadvantage. A possibly endangered healing process and conflicts of interest caused by § 7 para. 1 phrase 3 AUB 88/94 do emphasize this disadvantage. This clause finally is incomprehensible due to the unusual legal consequences and thus contravenes the principle of transparency.