BGH - Judgment of 11.11.2015
Federal Court of Justice in the name of the people
Judgment IV ZR 513/14 Announced on 11 November 2015 VVG aF § 5a; BGB § 812 para. 1 sentence 1 alt. 1, § 818 para. 1 alt. 1 and para. 3
1. In the case of the cancellation of a unit-linked life insurance following an objection in accordance with § 5a VVG aF, the policyholder must deduct the deduction to reduce the fact that the funds in which the savings portions of the premiums paid by him have made losses.
2. The policyholder can only demand the benefits actually drawn by the insurer and bears the burden of proof and proof. He can not base his statement of facts on an actual presumption of profit of a certain amount without reference to the earnings situation of the respective insurer. BGH, judgment of 11 November 2015 - IV ZR 513/14 - Cologne Higher Regional Court LG Cologne The IVth Civil Senate of the Federal Court of Justice has appointed Judges Mayen, the Judge Harsdorf-Gebhardt, the Judges. Karczewski, Lehmann and the judge Dr. med. Brockmöller recognized at the hearing of 14 October 2015 for right:
The judgment of the 20th Civil Senate of the Higher Regional Court of Cologne of 14 November 2014 was set aside at the cost and to the extent that the Court of Appeal did not deduct any fund losses from the claim of the plaintiff by rejecting the further appeal.