Spens clause make the whole premium

Law on amending the provisions of the Commercial Code on marine insurance

(No. 3483.) Act amending the provisions of the Commercial Code on marine insurance. May 30, 1908.

W.e Wilhelm, by God's grace German Emperor, King of Prussia etc.

decree in the name of the Reich, after the approval of the Federal Council and the Reichstag, which follows:

Article 1. [edit]

The tenth section of the fourth book of the Commercial Code is amended as follows:
I. Section 782 is no longer applicable.
II. The following provisions take the place of Sections 787 to 791:

§ 787. [edit]

If an object is insured against the same risk with several insurers and the sum insured together exceed the insured value (double insurance), the insurers are jointly and severally obliged to ensure that each insurer is liable to the insured for the amount that he is obliged to pay according to his contract, however, the insured cannot demand more than the amount of the damage in total.
In relation to each other, the insurers are obliged to share the amounts which they are contractually obliged to pay to the insured person. If foreign law applies to one of the insurance companies, the insurer can [308] to whom foreign law applies, can only assert a claim for compensation against the other insurer if he is obliged to compensate according to the law applicable to him.
If the insured person has taken out double insurance with the intention of gaining an illegal financial advantage, any contract concluded with this intention is null and void; the insurer can demand the entire premium if it was not aware of the invalidity when the contract was concluded.

§ 788. [edit]

If the policyholder has concluded the contract through which the double insurance has arisen without being aware of the other insurance, he can request from each insurer that the sum insured, with a proportionate reduction in the premium, be reduced to the amount of the share that the insurer has in relation to the other insurer.
The reduction in the sum insured and the premium is effective from the start of the insurance. If the risk for one insurer had already begun before the contract was concluded with the other insurer, the reduction will only become effective for the first insurer at the point in time at which it is requested.
The insurer is entitled to an appropriate cancellation fee.
The right to request the reduction expires if the policyholder does not assert it immediately after becoming aware of the double insurance.

§ 789. [edit]

Anyone who takes insurance from several insurers for an interest against the same risk must inform each insurer of the other insurance company immediately.
III. Sections 796, 797 are amended as follows:

§ 796. [edit]

The equipment costs, the wages and the insurance costs can be insured at the same time with the ship or through insurance of the gross freight or separately. They are only considered to be insured with the ship if this has been specifically agreed. [309]

§ 797. [edit]

The freight can be insured up to its gross amount.
The insurance value of the freight is the amount of the freight stipulated in the freight contracts and, if a certain freight is not stipulated or if goods are shipped for the account of the shipping company, the amount of the usual freight (§ 619).
IV. Section 807 (3) is amended as follows:
Knowledge of the insured person is also not taken into account if the insurance was taken without his order and without his knowledge and the insurer was notified of the defect in the order when the contract was concluded.
V. Sections 808 to 811 are replaced by the following provisions:

§ 808. [edit]

The insurer can withdraw from the contract if, contrary to the provisions of §§ 806, 807, a significant circumstance has not been reported. The same applies if a significant circumstance is not reported because the policyholder or a party whose knowledge is significant according to Section 806 (2) or Section 807 has fraudulently evaded knowledge of the circumstance.
Withdrawal is excluded if the insurer was aware of the unreported circumstance or if the notification was not made through no fault of its own.

§ 809. [edit]

The insurer can also withdraw from the contract if an incorrect report has been made about a significant circumstance.
Withdrawal is excluded if the insurer was aware of the inaccuracy or if the notification was made incorrectly through no fault of your own.

§ 810. [edit]

If the conditions under which the insurer is entitled to withdraw are present with regard to some of the objects to which the insurance relates, the insurer is only entitled to withdraw for the remaining part if it can be assumed that this is the case the insurer alone would not have concluded the contract under the same provisions. [310]

§ 811. [edit]

The withdrawal can only take place within one week. The period begins at the point in time at which the insurer becomes aware of the breach of the obligation to notify.
The withdrawal takes place by declaration to the policyholder. If the insurer withdraws, he still owes the entire premium; the amount of compensation received is to be returned and interest is to be paid from the time of receipt.
If the insurer withdraws after an accident for which the insurer is liable has occurred, the insurer's obligation to pay the compensation remains in place if the circumstance in respect of which the notification obligation has been violated does not affect the occurrence of the insured event and to the extent of the insurer's benefits.

§ 811 [edit]

If the obligation to notify has been violated, but the insurer's right of withdrawal is excluded because the other party is not at fault, the insurer can demand the higher premium if a higher premium is appropriate in consideration of the higher risk. The same applies if, when the contract was concluded, the insurer was not notified of a circumstance that was significant for assuming the risk because it was not known to the other party.
The right to the higher premium expires if it is not asserted within one week from the point in time at which the insurer becomes aware of the breach of the notification obligation or of the circumstances that have not been reported.

§ 811 [edit]

The right of the insurer to contest the contract for fraudulent misrepresentation remains unaffected.
VI. Section 812 (3) is no longer applicable.
VII. The following provisions take the place of Section 821 No. 4:
4. the damage caused intentionally or negligently by the insured person; However, the insurer has to compensate for the damage caused by the insured person due to the incorrect handling of the ship, unless the insured person is guilty of malicious conduct;
5. in the case of the insurance of goods or imaginary profit, the damage that is caused intentionally or negligently by the shipper, recipient or cargo shipper in this capacity. [311]
VIII. In § 824 Paragraph 2 the words: "by one of the persons named in § 821 No. 4" are replaced by the words:
"By one of the persons named in § 821 No. 5".
IX. Section 830 (1) is amended as follows:
If the duration of the insurance is determined according to days, weeks, months or a period of several months, the insurance begins at noon on the day on which the contract is concluded. It ends on the noon of the last day of the period.
X. In § 883 the reference to § 782 is omitted.
XI. The following provisions take the place of Sections 886, 887:

§ 886. [edit]

In the case of insurance for the account of a third party, the insured is entitled to the rights from the insurance contract. However, only the policyholder can request a policy to be handed over.
The insured can only dispose of his rights without the consent of the policyholder and only assert these rights in court if he is in possession of a policy.

§ 887. [edit]

The policyholder can dispose of the rights to which the insured person is entitled under the insurance contract in his own name.
If a policy has been issued, the policyholder is only authorized to accept the payment and transfer the rights of the insured person without the consent of the insured person if he is in possession of the policy.
The insurer is only obliged to pay the policyholder if the latter can prove to him that the insured person has given his consent to the insurance.
XII. Section 890 is replaced by the following provision:
The insurer can set off a claim against the compensation claim to which it is entitled against the policyholder insofar as it is based on the insurance taken out for the insured person.
XIII. In § 893 the words: "or double insurance (§ 788)" are omitted.
XIV. In § 898 the words: "in accordance with § 789" are deleted.
XV. Section 899 is replaced by the following provisions:
If the insured person sells the insured thing, the buyer takes the place of the seller in the [312] a rights and obligations of the insured person arising from the insurance relationship for the duration of his property. The seller and the buyer are jointly and severally liable for the premium.
With regard to the claims established against him by the insurance relationship, the insurer must only allow the sale to apply to him when he becomes aware of them; the provisions of Sections 406 to 408 of the Civil Code apply accordingly.
The insurer is not liable for the dangers that would not have occurred if the sale had not taken place.
The purchaser is entitled to terminate the insurance relationship without observing a notice period. The right of termination expires if it is not exercised within one month of the acquisition; if the purchaser had no knowledge of the insurance, the right of termination remains in effect until the end of one month from the point in time at which the purchaser becomes aware of the insurance. If the purchaser cancels, he is not liable for the premium.
In the event of a foreclosure auction of the insured item, the provisions of paragraphs 1 to 4 apply accordingly.

Article 2. [edit]

This law comes into force at the same time as the law on insurance contracts.
Documented under our signature and with the imprinted imperial seal.
Given Potsdam, May 30, 1908.
Wilhelm.

Prince from Bülow.