(1) If the insured risk exists neither at the time of conclusion of the contract nor at any time during the insurance period, no premium shall be due. However, the insurer shall be entitled to a reasonable sum for expenses incurred. (2) If the insured…
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Article 1866. Breach of Duty by One Insured
Breach of duty by one insured shall not adversely affect the rights of other persons insured under the same insurance contract, unless the risk is jointly insured.
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Article 1865. Knowledge by the contractor a circumstances related to the insured
(1) In order to discharge the duty of disclosure set out in Article 1837, unless the contract provides otherwise, it is presumed that the policy holder ought not have known about the circumstances known to the insured or which the insured ought to have known.…
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Article 1864. Entitlement of the Insured
(1) In the case of an insurance taken out for a person other than the policyholder (i.e. an insured), if the insured event occurs, that person shall be entitled to the insurance money. (2) The policyholder shall be entitled to revoke such cover, unless the…
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Article 1863. The Costs of Mitigation
(1) The insurer shall reimburse the costs incurred or the amount of damage suffered by the policyholder or the insured in taking measures to mitigate insured loss, to the extent the policyholder or the insured was justified in regarding the measures as reasonable under the…
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Article 1862. Causation of Loss
(1) Neither the policyholder nor the insured, as the case may be, shall be entitled to indemnity to the extent that the loss was caused by an act or omission on his part with intent to cause the loss or recklessly and with knowledge that…
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Article 1861. Multiple Insurance
(1) The policy holder must declare the existence of all insurances relating to the same interest, this obligation being incumbent on it both on the date of conclusion of the insurance contracts and during their performance. (2) If the same interest is separately insured by…
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Article 1860. Adjustment of Terms in Case of Overinsurance
(1) If the sum insured exceeds the maximum possible loss under the insurance, either party shall be entitled to request a reduction of the sum insured and a corresponding reduction of premium for the remaining contract period, provided the insurer retains the fee relative to…
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Article 1859. Maximum Sums Payable
(1) The sum insured may not exceed the actual value of the insured property. (2) The insurer shall not be obliged to pay more than the amount necessary to indemnify losses actually suffered by the insured. (3) Notwithstanding the provisions of para.(1), the parties may…
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Article 1858. General
(1) In the case of indemnity insurance, the insurer is under an obligation to indemnify the loss suffered by the insured or, as the case may be, by the victim on the occurrence of the insured event. (2) In the case of indemnity insurance, the…