Section 2 Contents of the insurance contract Scope of the insurance coverage

Transcription

1 Complete Legislation for the Motor Vehicle Liability Insurance Act 1994, version dated Long title Motor Vehicle Liability Insurance Act 1994 (KHVG 1994) Original version: Federal Law Gazette no. 651/1994 (NR: GP XVIII RV 1681 AB 1809 Page 172. BR: AB 4847 Page 589.) Amendment Federal Law Gazette no. 258/1995 (NR: GP XIX IA 144/A AB 122 Page 24. BR: 4968 AB 4994 Page 597.) Federal Law Gazette I no. 71/1997 (NR: GP XX RV 670 AB 750 Page 77. BR: AB 5481 Page 628.) Federal Law Gazette I no. 97/2001 (NR: GP XXI RV 641 AB 714 Page 76. BR: AB 6423 Page 679.) Federal Law Gazette I no. 98/2001 (NR: GP XXI RV 621 AB 704 Page 75. BR: 6398 AB 6424 Page 679.) Federal Law Gazette I no. 11/2002 (NR: GP XXI RV 782 AB 862 Page 84. BR: AB 6518 Page 682.) [CELEX no.: 2000L0026] Federal Law Gazette I no. 46/2002 (NR: GP XXI RV 904 AB 1018 Page 95. BR: AB 6602 Page 685.) Federal Law Gazette I no. 76/2002 (NR: GP XXI RV 962 AB 1049 Page 97. BR: AB 6620 Page 686.) Federal Law Gazette I no. 31/2004 (NR: GP XXII AB 432 Page 56. BR: AB 7019 Page 707.) Federal Law Gazette I no. 115/2004 (NR: GP XXII RV 556 AB 590 Page 71. BR: 7083 AB 7122 Page 712.) Federal Law Gazette I no. 19/2005 (VFB) Federal Law Gazette I no. 37/2007 (NR: GP XXIII RV 80 AB 121 Page 24. BR: AB 7705 Page 746.) [CELEX no.: 32005L0014] Federal Law Gazette I no. 107/2010 NR: GP XXIV RV 982 AB 1002 Page 86. BR: AB 8430 Page 791.) [CELEX no.: 32009L0110] Federal Law Gazette I no. 138/2011 (NR: GP XXIV RV 1524 AB 1538 Page 135. BR: AB 8626 Page 803.) Text Section 1 Scope 1. (1) This Federal law applies to the liability insurance of motor vehicles that are licensed for transportation pursuant to the requirements of the Motor Vehicles Act 1967 ral Law Gazette no. 267 (KFG 1967) or to which trial or transit plates are affixed. (2) For the liability insurance of motor vehicles that do not fall under para. 1, this Federal law with the exception of 14 to 17, 19 to 21 and 25 insofar as the insurance contract was concluded to prove a liability pursuant to 62 para. 1 KFG (3) (Note: rescinded by Federal Law Gazette I no. 37/2007) Section 2 Contents of the insurance contract Scope of the insurance coverage 2. (1) The insurance comprises the settlement of justified and the defence against unjustified compensation claims that are raised against the policyholder or coinsured persons on the basis of statutory liability provisions if people are injured or killed owing to the use of the insured vehicle, property is damaged or destroyed or lost or a financial loss was caused that is neither a bodily injury nor a loss of property (pure financial loss). German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 1

2 (2) Coinsured in any event are the owner, the keeper and persons who are active in the use of the vehicle with the consent of the keeper or who are transported with the vehicle or who are instructing the driver. (3) Insofar as the insurance coverage extends beyond the scope provided for in this Federal law, restrictions of the insurance coverage that would otherwise not be authorised by this Federal law can also be stipulated with legal effect. This does not apply to the stipulation of insurance sums that are higher than prescribed by law. The restrictions must be expressly pointed out to the policyholder before the contract is concluded. Geographical scope of application 3. (1) The geographical scope of application of the insurance spans Europe without prejudice to any agreement going beyond that, but in any event the territory of those states that have signed the agreement between the national insurers bureaux of the member states of the European Economic Area and other associated countries dated 30 May 2002, Official Journal no. L 192 dated 31 July 2003, Page 23. (2) In the territory of those states for which an International Insurance Card (Green Card) was issued or which have waived its presentation on the basis of the agreement named in para. 1, the insurance shall extend to the extent prescribed in the respective country, but at least to the extent stipulated in the insurance contract. Exclusions 4. (1) The only permissible exclusions from the insurance are: 1. compensation claims by the owner, the keeper and - if the vehicle is rented without the provision of a driver - of the renter and the persons to whom the renter relinquishes the vehicle against coinsured persons because of loss of property or pure financial losses, 2. compensation claims because of damage, destruction or loss of the insured vehicle, 3. compensation claims because of damage, destruction or loss of the items transported with the vehicle with the exception of those which the persons transported with the consent of the keeper usually carry about their person or, insofar as the trip primarily serves to transport passengers, carry as objects for personal use; this does not apply to the commercial towage of unroadworthy vehicles within the scope of customary assistance; 4. compensation claims arising from the use of the insured vehicles as a stationary source of power or for similar purposes, 5. compensation claims arising from the use of the vehicle in a motor sports event where achieving a maximum speed is the goal or during practice runs for this event, 6. compensation claims that are subject to special provisions concerning the liability for nuclear damages. (2) The insurer cannot rely on exclusions not listed in para. 1. However, 2 para. 3 shall apply. Conditions precedent to liability 5. (1) The only condition precedent to liability that may be provided for is 1. not to transport more persons than the maximum number stipulated, 2. to respect agreements concerning the use of the vehicle, 3. in the event of the allocation of transferrable license plates to only use the vehicle to which the license plates are attached, 4. that the driver of the vehicle is authorised to drive the vehicle under motor-vehicle law, 5. that the driver is not in a state impaired by alcohol or narcotics within the meaning of the road traffic regulations, 6. not to transport more persons with the motor vehicle than the maximum number permissible according to the requirements of motor-vehicle law, (2) In the event of an infringement of the condition pursuant to para. 1 subpara. 1 or 6, the release from the obligation to perform shall at the most comprise the part of the indemnification that corresponds to the ratio of the persons wrongly transported to the total number of persons transported. (3) The obligation to provide indemnification shall in any event remain towards other insured liable persons other than the driver in the cases of para. 1 subpara. 4 and 5 if he was not able to recognise this breach of obligation due to no fault. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 2

3 (4) An infringement of the condition pursuant to para. 1 subpara. 5 shall only exist if it is stated in the judgement or the grounds of a final decision by an administrative authority or a court that the vehicle was driven in a state impaired by alcohol or narcotics. (5) The insurer cannot rely on conditions precedent to liability not listed in para. 1. However, 2 para. 3 shall apply. Obligation to notify 6. (1) After the occurrence of an insured event, the policyholder shall be obliged to notify the insurance within one week from the time of knowledge of 1. the insured event, specifying the facts of the as precisely as possible, 2. the assertion of the claim by the injured third party, 3. the institution of proceedings by a court or an authority. (2) Para. 1 subpara. 1 and 2 shall not apply insofar as the policyholder indemnifies the injured party himself. Conditions and increase of the risk 7. (1) The release from obligation to perform because of the infringement of a condition or an increase in the risk shall be no more than Euro in each case, and a total of Euro for each insured event. (2) The restriction of the release from obligation to perform pursuant to para. 1 can, if the condition was infringed with the intention to illegally obtain a pecuniary gain for oneself or a third person, be omitted to the extent of this pecuniary gain. If the policyholder recognises a claim for compensation wholly or in part or has not left the conduct of a legal dispute to the insurance, the release from obligation to perform can in any case be extended up to the amount of the pecuniary loss arising for the insurer for this reason. Trailers 8. (1) The insurance of trailers also includes insured events connected with the pulling of the trailer by the towing vehicle 1. with respect to the compensation claims of the passengers of a trailer coach or 2. with respect to damages by the hazardous goods transported by a trailer for the transport of hazardous goods insofar as the insurance sum for the trailer exceeds the insurance sum for the towing vehicle. (2) In the case of para. 1, the persons insured by the insurance contract concerning the towing vehicle are coinsured. Insurance sum 9. (1) Irrespective of a further-reaching agreement, the insurer shall in the case of each insured event render insurance benefits up to the amount resulting from the following provisions (statutory insurance sum). (2) Subject to para. 5 and 6, the statutory insurance sum is a combined limit that comprises bodily injury and property damage. (3) The combined limit is 1. for omnibuses for no more than 19 passengers (seated and standing) besides the driver as well as trucks for more than eight but no more than 19 passengers besides the driver Euro, 2. for omnibuses and trucks for more than 19 passengers for every additional five passengers or fraction thereof Euro additionally, 3. for trailer coaches for no more than ten passengers Euro and for every additional five passengers or fraction thereof Euro additionally, 4. for all other vehicles Euro. (4) The combined limit shall in any event completely cover 1. all bodily injuries a) for omnibuses for no more than 19 passengers (seated and standing) besides the driver as well as trucks for more than eight, but no more than 19 passengers besides the driver, up to Euro, b) for omnibuses and trucks for more than 19 passengers for every additional five passengers or fraction thereof up to Euro, German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 3

4 c) for trailer coaches for no more than ten passengers up to Euro and for every additional five passengers or fraction thereof up to Euro additionally, d) for all other vehicles up to Euro, 2. all property damage up to Euro. (5) In addition to the combined limit, the statutory insurance sum for pure financial damages Euro. (6) For vehicles with which hazardous goods are transported pursuant to the requirements indicated in 2 subpara. 1 of the Carriage of Hazardous Goods Act, Federal Law Gazette I no. 145/1998, the statutory insurance sum is 1. for the death or injury of a person Euro, 2. for the death or injury of more than one person Euro, 3. for property damage a total of Euro, 4. for pure financial damages Euro. Annuities 10. If the insurer has to pay annuities and if the cash value of the annuity exceeds the insurance sum or the amount of the insurance sum remaining after the deduction of other benefits from the same insured event, the annuity shall only be due in the ratio of the insured sum or its remainder to the cash value of the annuity. The determination of the cash value shall be based on the General Mortality Table for Austria and an interest rate of 3 percent. Section 3 Other requirements for the insurance contract Legal status of the coinsured persons 11. (1) With regard to the coinsured persons, the insurance is concluded for the account of a third party. (2) The coinsured persons can assert their claims independently. 75 para. 2 of the Insurance Contract Act 1958, Federal Law Gazette no. 2/1959, shall not apply. (3) The insurer can only assert a claim of the injured third party that has passed to him pursuant to 24 para. 4 who has caused the insurer to be freed of the obligation to pay compensation by his conduct. Compensation contribution 12. If it is stipulated that the policyholder must reimburse the insurer for the indemnification the latter has rendered at his expense up to a certain extent (compensation contribution), the same consequences of default as for renewal premiums shall apply therefor. The compensation contribution is an insurance fee within the meaning of the Insurance Tax Act 1953, Federal Law Gazette no Conflict of interests 13. If the insurer must also grant the injured third party insurance coverage in an insured event under liability insurance, the policyholder or the coinsured person can arrange to be represented by a lawyer of his choice domiciled in the district of the court of jurisdiction for the proceedings at the expense of the insurer in a legal dispute initiated by the injured third party. Agreements to the contrary shall not be applied to this case. Term of the policy 14. (1) The insurance contract shall end, if it 1. began on the first of a month at 12 midnight, one year after this point in time, 2. began at another point in time, with the next following first of the month at 12 midnight, after a year has elapsed, unless a period shorter than one year was stipulated. (2) The insurance contract shall be prolonged by a year in each case if it was not cancelled in written form no later than one month before its expiration. If the term is less than one year, the contract shall end without the necessity of a cancellation. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 4

5 Right to cancel if premium is increased 14a. (1) If the insurer exercises a right to unilaterally increase the stipulated premium, the policyholder can cancel the insurance contract within one month. The period to exercise the right to cancel shall begin as soon as the insurer has notified the policyholder of the increased premium and the reason for the increase. The cancellation shall become effective after a month has elapsed, but no earlier than when the premium increase shall come into effect. (2) The insurer shall explain the reason for the increase to the policyholder clearly and comprehensibly in the notification. He shall furthermore point out to the policyholder his right to cancel insofar as he does not merely base the premium increase on the development of a consumer price index published by Bundesanstalt Statistik Austria (Austrian Federal Institute of Statistics) ( 14b para. 1). Premium adjustment clauses 14b. (1) In contractual premium adjustment clauses, a consumer price index published by Bundesanstalt Statistik Austria can be used as a criterion for premium changes. General requirements concerning contractual provisions that provide for a change in the fee shall remain unaffected. (2) Premium increases on the basis of contractual premium adjustment clauses can only be made with legal effect after one year from the beginning of the insurance at the earliest, and then not at intervals of less than one year. (3) The declaration of a retroactive increase in the premium is ineffective; the declaration shall only be effective after it has reached the policyholder. Changes in the insurance contract 15. (1) If the insurance contract changes on the basis of a change in the 2nd Subclause, the insurer can set the premium anew within three months with effect from the change in the insurance contract, taking into account a change in the risk carried by him thereby occasioned. (2) The insurer or the policyholder shall be entitled to the pro rata difference between the stipulated and the new premium for the rest of the current period of insurance. (3) (Note: rescinded by Federal Law Gazette no. 258/1995) Certification of the claims experience 16. The insurer shall at the policyholder s request issue to him at any time within two weeks a certification of the claims by injured parties covered within the last five years of the period of the contract or of the absence of claims during this period. Transfer of portfolio 17. (1) If a portfolio of motor vehicle liability insurance contracts is transferred to another insurance undertaking with the approval of the competent authority for the purposes of restructuring, the accepting insurance undertaking is entitled to the tariffs and terms and conditions of insurance it generally uses from the beginning of the next insurance period for the accepted insurance contracts. (2) If the premium is increased on the basis of para. 1 or if the terms and conditions of insurance applicable to the contract change on the basis of this provision, the insurer must inform the policyholder of this circumstance no later than one month before the ending of the insurance period indicating the difference in the premium or the changes in the terms and conditions of insurance. New terms and conditions of insurance must be handed over to the policyholder at the same time. The policyholder can cancel the insurance contract as of the end of the insurance period as soon as he has received this notification. 14a shall not apply. Section 4 Special requirements for compulsory insurance Terms and conditions of insurance 18. (1) The terms and conditions of insurance shall be made known to the FMA. This includes all regulations that are not restricted to the mere setting of premium amounts, premium rates or damage contributions. The terms and conditions of insurance must only be used after three months have elapsed since they were made known to the FMA. (2) Insurance contracts must only be concluded on the basis of terms and conditions of insurance that were made known to the FMA. This shall not affect the legal effectiveness of the insurance contracts. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 5

6 (3) It shall be indicated on the terms and conditions of insurance handed over to the policyholder when the terms and conditions of insurance were made known to the FMA. (4) If the terms and conditions of insurance used by the insurance undertaking deviate from model terms and conditions of insurance of the Austrian Insurance Association, these deviations from the model terms and conditions shall be expressly pointed out in the terms and conditions of insurance handed over to the policyholder. Obligation to permit inspection 19. (1) Insurance undertakings that have their registered office or a branch office in Austria shall lay open for inspection the terms and conditions of insurance made known to the FMA pursuant to 18 para. 1 that they use and the complete tariffs they generally use at the registered office of the enterprise or of the branch office as well as in all permanent establishments. (2) If an insurance undertaking operates motor vehicle liability insurance in the trade in services and if it has permanent establishments in Austria, it shall lay the documentation indicated in para. 1 open for inspection in all permanent establishments. If it does not have permanent establishments in Austria, it shall insure that the documentation indicated in para. 1 lie open for inspection at the registered office or principal residence of the claims representative ( 31 para. 1). Provisional cover 20. (1) The issuance of the insurance certificate pursuant to 61 para. 1 KFG 1967 effects the assumption of provisional cover. (2) The insurer is entitled to cancel the provisional cover within a period of at least two weeks. The insurer shall be entitled to the pro rata premium for the period of provisional cover. (3) 1a para. 2 of the insurance contract act 1958 shall not apply. Waiver of claim 21. (1) If the policyholder waives claims for the reimbursement of rental charges for a replacement vehicle including a taxi and of the loss of earnings because of the unfitness for use of the vehicle to which he is entitled against persons who are insured by a liability insurance contract for a vehicle coming under 59 para. 1 KFG 1967, he shall be entitled to a rebate of 20 percent of the stipulated premium. (2) The effectiveness in law of the waiver pursuant to 1 is not hindered by the fact that the waiver does not extend to claims of physically handicapped drivers of compensatory motor vehicles (Ausgleichskraftfahrzeuge) or of passenger or station wagons that have been converted according to a condition or restriction in a driving licence granted with restrictions pursuant to 5 para. 5 driver s licence act (FSG) because of a handicap within the meaning of 6 para. 1 subpara. 3 or 5 driver s licence act health ordinance (FSG-GV). (3) The waiver pursuant to para. 1 is only effective in law if 1. the policyholder undertakes to also bring the coinsured persons to waive the same compensation claims, 2. the waiver also extends to claims against the insured party subject to compensation insofar as this party is entitled to a claim for cover under the insurance contract. (4) If the injured policyholder has not made a waiver pursuant to para. 1, the insurer of the injuring party shall in the event of damage be entitled to the reimbursement of his expenditures arising from the compensation of the claims indicated in para. 1 by the insurer of the injured party. Frontier insurance 22. (1) The insurer s obligation to provide indemnification under insurance contracts pursuant to 1 para. 2 (frontier insurance) is restricted to the scope corresponding to the requirements of this Federal law. The geographical area of application can, notwithstanding 3 para. 1, be restricted to the territory of the contracting parties to the Agreement on the European Economic Area, Federal Law Gazette no. 909/1993. (2) (Note: rescinded by Federal Law Gazette I no. 31/2004) (3) (Note: rescinded by Federal Law Gazette I no. 31/2004) (4) Frontier insurance contracts are concluded by the association of the Austrian insurance undertakings for the account of those insurance undertakings that are allowed to offer motor vehicle liability insurance in Austria. These insurance undertakings participate in the insurance contracts as coinsurers in the ratio of their premium income from the motor vehicle liability insurance in every calendar year to the total premium income of all participating insurance undertakings from this insurance. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 6

7 Place of jurisdiction 23. The policyholder and the coinsured persons can also assert claims under the insurance contract in courts in whose district the policyholder has his residence or his domestic registered office. Rights of the injured third party 24. (1) If the insurer is wholly or partially released from the obligation to provide indemnification to the policyholder, his obligation with respect to the third party nevertheless remains. (2) A circumstance that leads to the non-existence or the termination of the insurance relationship shall only have effect with respect to the third party after three months have elapsed after the insurer has given notice of this circumstance pursuant to 61 para. 4 KFG This also applies if the insurance relationship ends by expiration of time. The period shall not begin before the termination of the insurance relationship. (3) The insurer s obligation to provide indemnification is restricted to the scope corresponding to the requirements of this Federal law. It does not exist insofar as another liability insurer is obliged to provide indemnification. (4) Insofar as the insurer satisfies the third party on the basis of para. 1 or 2, the claim of the third party against the policyholder shall pass to him. The subrogation shall not be to the detriment of the third party. (5) 158c and 158f of the insurance contract act 1958 shall not apply. Extraordinary risks 25. (1) Vehicle owners who can prove that three insurance undertakings who are permitted to operate vehicle liability insurance in Austria have refused to conclude an insurance contract for a vehicle subject to compulsory insurance, can require the Austrian Insurance Association to allot them an insurer. The insurance undertakings refusing the conclusion of the insurance contract shall issue a written confirmation to this effect. (2) Only an insurance undertaking that is licenced pursuant to 4 para. 1 VAG to operate motor vehicle liability insurance or operates it in the trade in services in Austria shall be allotted as an insurer. (3) The insurance undertaking that was allotted to the vehicle owner is obligated to conclude an insurance contract for the vehicle concerned in the scope prescribed in this Federal law. (4) For an insurance contract pursuant to para. 3, there are two possibilities in accordance with a risk borne by the insurer: 1. a surcharge on the premium resulting from his generally used tariff of no more than 50 percent or 2. a compensation contribution can be provided for that must not exceed the annual premium for an insurance year. Section 5 Direct right of action Entitlement to benefits 26. The injured third party can also assert the claim to damages to which he is entitled against the insurer within the framework of the respective insurance contract. The insurer and the policyholder obliged to pay compensation shall be jointly and severally liable. Term of limitation 27. (1) The claim for damages of the injured third party against the insurer is subject to the same limitation as the claim for damages against the insured party liable to pay compensation. The limitation shall commence at that point in time when the limitation of the claim for damages against the insured party liable to pay damages begins, but end no later than ten years after the loss occurrence. (2) If the claim for damages of the injured third party has been reported to the insurer, the limitation shall be suspended until a written declaration of the insurer that he does not accept the claim for damages has been served. Further notifications of the same claim for damages shall, however, not suspend the limitation. The suspension or the interruption of the limitation of the claim for damages against the insured party liable to pay damages shall also cause the suspension or the interruption of the still running limitation of the claim for damages against the insurer and vice versa. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 7

8 Temporal effect of judgements 28. Insofar as a claim for damages of the injured third party is dismissed by a final judgement, the judgement, if issued between the injured third party and the insurer, shall also act in favour of the insured party; if it is issued between the injured third party and the insured party, it shall also act in favour of the insurer. Obligations of the injured third party 29. (1) The injured third party who wishes to assert his claim for damages against the insured party liable to pay damages or against the insurer shall report the loss occurrence to him in writing within four weeks from the point in time when he became or would have had to become aware of the person of the insurer. If he asserts the claim for damages against the insured party liable to pay damages in court, he shall notify the insurer of this fact immediately in writing. (2) The insurer can request information from the injured third party insofar as it is necessary for the ascertainment of the loss occurrence and the amount of the damage and reasonable for the injured third party. The injured third party shall only be obliged to present documentary evidence to the extent he can reasonably be expected to procure it. (3) If the injured third party infringes the obligations pursuant to para. 1 and 2, the liability of the insurer shall be restricted to the amount he would also have had to pay if the obligations had been duly fulfilled. This legal consequence shall only occur with respect to the obligations pursuant to para. 2 if the insurer has previously expressly pointed out the consequences of the infringement to the injured third party in writing. (4) Para. 3 first sentence shall also apply if the policyholder reaches a settlement with the third party without the insurer s consent or recognises his claim; 154 para. 2 of the insurance contract act 1958 shall apply. (5) 158d and 158e of the Insurance Contract Act 1958 shall not apply. Obligations of the insurer 29a. (1) The insurer or his claims representative appointed pursuant to 12a VAG are obliged to offer the indemnification to the injured third party within three months from the point in time when he has notified him of the loss occurrence if this is not contested on the merits and the amount. (2) If the insurer or his claims representative contest the obligation to render indemnification or if the investigations for the ascertainment of the liability to pay damages are not yet concluded within the period indicated in para. 1, they must state reasons for this to the injured third party in written form within the period of time indicated in para. 1. (3) If the investigations for the ascertainment of the liability to pay damages are not yet concluded within the period indicated in para. 1, the injured third party can demand payments on account for this total claim in the amount that the insurer will have to pay at the least according to the circumstances. (4) If the insurer or his claims representative do not fulfil their obligation pursuant to para. 1 and 2, the injured third party shall be entitled to the statutory default interest from the time of the expiration of the deadline pursuant to para. 1 at the latest. (5) Para. 1 to 4 shall also apply to the benefit commitments of the Austrian Insurance Association towards injured third parties on the basis of the agreement between the national insurance bureaux of the member states of the European Economic Area and other associated countries dated 30 May 1972 (Official Journal no. L 192 dated 31 July 2003, Page 23). Observe for the following provision For the reference period, cf. 37 para. 4. Claims representative 29b. (1) The right of injured parties with a residence or a registered office in other contracting states to assert claims for indemnification directly against the injuring party or the insurer shall not be affected by the powers of the claims representative appointed pursuant to 12a VAG. (2) The obligations of the injured third party towards the insurer ( 29) can also be fulfilled towards the claims representative pursuant to 12a VAG. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 8

9 Section 6 Requirements for the EEA Obligations of the insurance undertakings 30. (1) The following insurance contracts must only be concluded by insurance undertakings that have their head office in a contracting state of the agreement on the European Economic Area via a branch or by way of provision of services if the insurance undertaking participates in establishments that serve to prove a liability pursuant to 62 para. 1 KFG 1967 in the same way as insurance undertakings that have their registered office or a branch in Austria: 1. insurance contracts that serve to fulfil the legal obligation to insure ( 59 para. 1 KFG 1967), 2. insurance contracts for vehicles that are excepted from the legal obligation to insure pursuant to 59 para. 2 KFG 1967 if they would serve to fulfil the legal obligation to insure for vehicles to which this provision does not apply. (2) Notwithstanding other requirements, operation via a branch office or by way of provision of services must only be initiated after the insurance undertaking has concluded its participation in the facility pursuant to para. 1. Claims representative 31. (1) The motor vehicle liability insurance must only be operated by way of provision of services in Austria as long as a claims representative pursuant to Article 12a para. 4 of the directive 88/357/EEC in the version of Article 6 of the directive 90/618/EEC (Official Journal no. L 360 dated 8 November 1990, Page 44) has been appointed. (2) Notwithstanding other requirements, operation of the motor vehicle liability insurance by way of provision of services must only be initiated when the insurance undertaking has appointed a claims representative in Austria. (3) The policyholder shall be informed of the name and address of the claims representative before conclusion of the insurance contract. If the policyholder is provided with documentation, it must contain this information. During the term of the insurance contract, the policyholder shall be immediately informed of every change in the person or the address of the claims representative. (4) In contracts concluded by way of provision of services, claims to indemnification can also be asserted against the claims representative besides against the injuring party and the insurer. (5) The obligations of the injured third party towards the insurer ( 29) can also be fulfilled towards the claims representative. Section 6a. Insurance register Domestic vehicles 31a. (1) The Austrian Insurance Association shall keep a register of the liability insurance for the vehicles licenced in Austria and provide information from this register to the persons so authorised in accordance with the following requirements. The approval of test drives and, insofar as an insurance certificate must be provided pursuant to 46 para. 2 first sentence KFG 1967, of transfer drives shall also be entered in the register. (2) The register shall contain the following information: 1. the licence number, 2. the number of the insurance certificate ( 61 para. 1 KFG 1967) for the insurance contract concluded to fulfil the legal obligation to insure ( 59 para. 1 KFG 1967) and, if the insurance contract no longer exists, the point in time at which the insurance coverage with regard to the third party ends ( 24 para. 2 of this Federal law), 3. the insurance undertaking with which the insurance contract for the fulfilment of the legal obligation to insure was concluded and the claims representatives appointed for the other contracting states pursuant to 12a VAG, 4. in the case of vehicles that are excepted from the legal obligation to insure pursuant to 59 para. 2 KFG 1967, the local authority or the enterprise that own the vehicle and, if a motor vehicle liability insurance was concluded, the insurance undertaking. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 9

10 (3) The information pursuant to para. 2 shall be kept until seven years have elapsed since the registration has expired, lapsed, or ended, or since the insurance contract has ended. (4) The Austrian Insurance Association shall, on the basis of an enquiry received within seven years after the loss occurrence, give persons who were damaged by a vehicle licenced in Austria information about 1. the name and address of the insurance undertaking with which the insurance contract for the fulfilment of the legal obligation to insure was concluded, 2. the number of the insurance certificate for the insurance contract concluded for the fulfilment of the legal obligation to insure, 3. the name and address of the claims representative appointed pursuant to 12a VAG for the country in which the injured party has his residence or registered office, 4. in the case of vehicles that are excepted from the legal obligation to insure pursuant to 59 para. 2 KFG 1967 a) the name and address of the local authority or the enterprise that owns the vehicle and its liability for damages caused by these vehicles or b) if a motor vehicle liability insurance was concluded, the name and address of the insurance undertaking as well as of the claims representative appointed pursuant to 12a VAG for the country in which the injured party has his residence or registered office. (5) The licencing authority ( 40 KFG 1967) or licencing office ( 40b KFG 1967) shall immediately notify the Austrian Insurance Association of 1. the licencing and the licence number of a vehicle as well as the expiration, the lapse or the cancellation of the licencing, 2. the name and address of the insurance undertaking with which the insurance contract for the fulfilment of the legal obligation to insure was concluded, 3. in the case of vehicles that are excepted from the legal obligation to insure pursuant to 59 para. 2 KFG 1967, the name and address of the local authority or the enterprise that owns the vehicle, 4. the approval of test drives and, insofar as an insurance certificate must be provided pursuant to 46 para. 2 first sentence KFG 1967, of transfer drives as well as the licence number issued for this purpose. (6) The insurance undertakings shall immediately notify the Austrian Insurance Association of 1. the number of the insurance certificate for the insurance contracts concluded for the fulfilment of the legal obligation to insure, 2. every circumstance that leads to the non-existence or the termination of insurance contracts concluded to fulfil the legal obligation to insure and the point in time when the insurance coverage with regard to the third party ends, 3. the conclusion of a motor vehicle liability insurance for vehicles that are excepted from the legal obligation to insure pursuant to 59 para. 2 KFG 1967 and the termination of this insurance,, 4. the name and address of the claims representatives they have appointed pursuant to 12a VAG for the individual contracting states of the agreement on the European Economic Area. (7) The Austrian Insurance Association shall, on the basis of an enquiry received within seven years after the loss occurrence, also give persons who were damaged by a vehicle licenced in Austria information about the name and address of the keeper if these persons credibly show a justified interest in such information. The Austrian Insurance Association shall immediately ask the authority or licencing office or the insurance undertaking for the notifications necessary for this information. These shall immediately comply with the request. Foreign vehicles 31b. (1) The Austrian Insurance Association shall within seven years after the loss occurrence give persons who were damaged by a vehicle generally located in another contracting state of the agreement on the European Economic Area information about 1. the name and address of the insurance undertaking with which the insurance contract for the fulfilment of the legal obligation to insure was concluded, 2. the number of the insurance certificate for the insurance contract concluded for the fulfilment of the legal obligation to insure, 3. the name and address of the claims representative appointed pursuant to Article 4 para. 1 of the directive 2000/26/EC (Official Journal no. L 181 dated 20 July 2000, Page 65), German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 10

11 4. the name and address of the establishment or office that shall compensate the injured party for the damage if the vehicle is exempt from the legal obligation to insure and the damage is not compensated by the national insurance bureau in the state of the residence or registered office of the injured party, 5. the name and address of the owner of the vehicle, of the usual driver or of the keeper if the injured party credibly shows a justified interest in such information. (2) The Austrian Insurance Association shall immediately ask the enquiry office set up pursuant to Article 5 of the directive 2000/26/EC in the contracting state in which the vehicle is usually located for the notifications necessary for the information pursuant to para. 1. (3) The Austrian Insurance Association shall immediately give the notifications to the enquiry offices set up pursuant to Art. 5 of the directive 2000/26/EC in other contracting states that they require to give information pursuant to Article 5 para. 3 or 4 of the directive 2000/26/EC. (4) (Note: rescinded by Federal Law Gazette I no. 37/2007) Section 7 Committee for motor vehicle liability insurance Composition 32. (1) For advising the competent Federal Ministers in matters of motor vehicle liability insurance, a committee for motor vehicle liability insurance shall be formed. To this committee, one representative each of the Austrian Economic Chamber, the Federal Chamber of Labour, the Conference of Presidents of the Austrian Chambers of Agriculture. the Austrian Trade Union Federation, the Austrian Insurance Association, the Austrian Automobile, Motorcycle and Cycling Association, the Austrian Automobile, Motorcycle and Touring Club and the FMA shall be delegated. (2) The function in the committee for motor vehicle liability insurance is an unpaid honorary office. (3) The committee for motor vehicle liability insurance shall elect a chairman and a deputy chairman for a period of two years from among its members. Re-election is permissible. Procedure 33. (1) The committee for motor vehicle liability insurance shall draw up its own rules of procedure. (2) The committee shall pass its resolutions by a simple majority of votes. In the case of a tie vote, the vote of the chairman shall decide. The committee shall constitute a quorum if at least two-thirds of the members are present. (3) The members who have remained in the minority can offer justified minority opinions which shall be brought to the knowledge of the competent Federal Minister. (4) The committee shall invite representatives of the competent Federal Ministers to its consultations. These shall be heard. The committee can also call in experts to its consultations. Section 8 Final and transitional provisions 34. (1) This Federal law shall enter into force on 1 September (2) The Motor Vehicle Liability Insurance Act 1987, Federal Law Gazette no. 296, in the version of the amendment of the motor vehicle liability insurance (KHVG) act 1992, Federal Law Gazette no. 770 and the announcement Federal Law Gazette no. 917/1993, shall go out of force upon the expiration of 31 August a para. 2 to 4 and 19 in the version of the Federal law Federal Law Gazette I no. 71/1997 shall enter into force as of 1 July (2) The 17, 18, 19, 31 and 32 in the version Federal Law Gazette I 97/2001 shall enter into force as of 1 April (3) 30 and 31 in the version of Article II of the Federal law Federal Law Gazette I no. 46/2002 shall enter into force as of 2 April Regulations on the basis of these provisions may already be issued starting from the day following the announcement of the Federal law Federal Law Gazette I. no. 46/2002, but no earlier than of 2 April Before 1 April 2002, the insurance supervisory authority shall have this right insofar as the Federal Minister of Finance is entrusted with the enforcement. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 11

12 34b. (1) 14b para. 1 and 16 in the version of Article III of the Federal law Federal Law Gazette I no. 11/2002 shall enter into force as of 1 July Regulations on the basis of these provisions may already be issued starting from the day following the announcement of the Federal law Federal Law Gazette I. no. 11/2002, but no earlier than of 1 July (2) 29a, 29b, 31a and 31b in the version of the Federal law Federal Law Gazette I no. 11/2002 shall enter into force as of 19 January Regulations on the basis of these provisions may already be issued starting from the day following the announcement of the Federal law Federal Law Gazette I. no. 11/2002, but no earlier than of 19 January Before 1 April 2002, the insurance supervisory authority shall have this right insofar as the Federal Minister of Finance is entrusted with the enforcement. (3) 7, 34b and 37a in the version of the Federal law Federal Law Gazette no. 76/2002 shall enter into force as of 1 January (4) 1 para. 2, 22, 31b para. 4 and 38 in the version of the Federal law Federal Law Gazette I no. 31/2004 shall enter into force as of 1 May 2004 and shall be applied to insurance contracts concluded after 30 April (1) Insofar as reference is made to provisions of the KHVG 1987 in other Federal laws, they shall be superseded by the corresponding provisions of this Federal law. (2) If reference to provisions of other Federal laws is made in this Federal law, this reference shall refer to those laws as amended. Observe for the following provision Reference period: Para. 3 cf. 37a in the version Federal Law Gazette no. 258/ (1) Insurance contracts existing at the time of the entry into force of this Federal law shall change at this point in time insofar as they do not meet the provisions of the 2nd Subclause. 15 shall apply. (2) Changes in the tariffs generally used by the insurance undertaking can be applied to insurance contracts existing at the time of the entry into force of this Federal law and insurance contracts concluded within ten months after this point in time. This shall not apply insofar as terms and conditions of insurance are used that contain a premium adjustment clause. (3) The insurer or the policyholder shall be entitled to the pro rata difference between the previous and the new premium for the rest of the current period of insurance if the premium changes on the basis of para. 2. (4) 37 para. 3 shall not be affected by the preceding para (1) 11 to 17, 23 and 24 shall also apply to insurance contracts existing at the time of the entry into force of this Federal law. (2) 18 para. 1 shall not apply to terms and conditions of insurance that are deemed approved by the insurance supervisory authority or pursuant to 34 KHVG (3) The terms of the provision on the calculation of premiums according to the claims experience in motor vehicle liability insurance, Federal Law Gazette no. 369/1987, in the version of the regulations Federal Law Gazette no. 108/1988 and Federal Law Gazette no. 156/1993 shall be deemed an integral part of the insurance contracts to which this regulation was applicable and that existed at the time of the entry into force of this Federal law. 37a. (1) 14a in the version Federal Law Gazette no. 258/1995 shall apply to insurance contracts in existence at the time of the entry into force of this provision. 36 para. 3 second sentence in the version valid up to this point in time shall not apply to these insurance contracts. (2) 7, 9 and 37a in the version of the Federal law Federal Law Gazette I no. 98/2001 shall enter into force as of 1 January Existing insurance contracts shall be adapted to the changed provisions up to this point in time. (3) 14b para. 1 and 16 in the version of Article III of the Federal law Federal Law Gazette I no. 11/2002 shall apply to insurance contracts existing at the time of the entry into force of these provisions. German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 12

13 (4) 29a and 29b in the version of Art. III of the Federal law Federal Law Gazette I no. 11/2002 shall apply to cases of loss occurring after 18 January (5) 31a and 31b in the version of Art. III of the Federal law Federal Law Gazette I no. 11/2002 shall also apply to vehicles that are licenced at the time of the entry into force of these provisions. (6) Existing insurance contracts shall be adapted to the version of 7 para. 2 changed by the Federal law Federal Law Gazette I no. 76/2002 by 1 January (7) 9, 14a and 14b in the version of the Federal law Federal Law Gazette I no. 115/2004 shall enter into force as of 1 October Existing insurance contracts shall be adapted to the changed provisions as of this point in time. In existing contracts, the insurer can use the consumer price index 2000 published by Bundesanstalt Statistik Austria as a criterion for premium changes. (8) 1 para. 2, 9 para. 2 to 6, 14b para. 2, 16, 18 para. 1, 21 para. 2, 29a para. 5, 31 para. 4 and 31b para. 1 in the version of the Federal law Federal Law Gazette I no. 37/2007 shall enter into force as of 1 July para. 3 shall go out force at the same time. Existing insurance contracts shall as of this date be adapted to 9 para. 2 to 6 in the version of the Federal law Federal Law Gazette I no. 37/ a para. 5 in the version of the Federal law Federal Law Gazette I no. 37/2007 shall be applied to cases of damage occurring after 30 June (9) 18 para. 4, 25 para. 1 and 32 para. 1 in the version of the Federal law Federal Law Gazette I no. 107/2010 shall enter into force as of 1 January (10) 9 para. 3 to 6 in the version of the Federal law Federal Law Gazette I no. 138/2011 shall enter into force as of 1 January Existing insurance contracts shall as of this date be adapted to 9 para. 3 to 6 in the version of the Federal law Federal Law Gazette I no. 138/ Entrusted with the enforcement of this Federal law is 1. with respect to 12 second sentence, 18, 19, 30, 31 para. 1 to 3, 31a, 31b, 32 and 33 the Federal Minister of Finance, 2. with respect to the other provisions the Federal Minister of Justice. Article I (Comment: concerning 14b, 16, 29a, 29b, 31a and 31b, Federal Law Gazette no. 651/1994) This Federal law transposes the directive 2000/26/EC (Official Journal no. L 181 dated 20 July 2000, Page 65) into Austrian law. Article 1 (Comment: concerning 18, 25 and 32, Federal Law Gazette no. 651/1994) This Federal law serves to implement the directive 2009/110/EC of the European Parliament and of the Council dated 16 September 2009 on the commencement, exercise and supervision of the activity of e-money institutions, to amend the guidelines 2005/60/EC and 2006/48/EC as well as to repeal the directive 2000/46/EC (Official Journal no. L 267 dated , Page 7). Article X (Comment: concerning 1, 9, 14b, 16, 18, 21, 29a, 31a and 31b, Federal Law Gazette no. 651/1994) This Federal law serves to implement the directive 2005/14/EC of the European Parliament and of the Council dated 11 May 2005, to amend the guidelines 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC of the Council as well as of the directive 2000/26/EC of the European Parliament and of the Council on motor vehicle liability insurance (Official Journal no. L 149 dated , Page 14). Article X Justice administration measures (Comment: concerning 7, 34b, and 37a, Federal Law Gazette no. 651/1994) German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 13

14 With regard to this Federal law, from the day following its announcement, regulations may already be issued as well as other organisational and personnel measures taken. The regulations must not be entered into force earlier than as of 1 January German can be found in the Austrian Federal Law Gazette (Bundesgesetzblatt BGBl.). 14