What is 7 out of 110
Residential building insurance: The insurer's right of recourse because of the ...
bb) Following on from this, parts of the jurisprudence and the literature suggest that the property insurer can, via Section 86 (1) Sentence 1 VVG, demand the reimbursement of costs from the injuring party for the damage assessment by an expert because these (at least: ) occurred in the interest of the injured policyholder and the injuring party should not be in a better position than in cases in which the injured party himself commissioned and remunerated the expert opinion (... from the case law: OLG Düsseldorf, loc. cit .; ... Brandenburgisches OLG, loc. Higher Regional Court Frankfurt / Main, r + s 2013, 336, 339; LG Krefeld…, judgment of July 1, 2015 - 2 O 123/13, juris Rn. 57 [insofar not printed in VersR 2017, 688]; probably also OLG Düsseldorf, NJW-RR 1992, 857, 858; OLG Cologne, NJOZ 2004, 1123, 1126; Thuringian OLG, r + s 2004, 331, 333; OLG Stuttgart, judgment of February 23, 2007 - 10 U 226/06, BeckRS 2007, 04322 [insofar not printed in NZM 2007, 286]; ... from the literature: Voit in Bruck / Möller, VVG, 9th edition, § 86 Rn. 98; ... Hormuth loc. Cit .; ... Jahnke in Burmann / Heß / Hühnermann / Jahnke, Straßenverkehrsrecht, 25th edition, § 86 VVG Rn. 40; ... probably also MüKoVVG / Möller / Segger, 2nd edition, § 86 Rn. 117;… Kloth / Krause in Schwintowski / Brömmelmeyer, practical commentary on insurance contract law, 3rd edition, § 86 VVG Rn. 23).
Imputability in the case of compensation claim
Since the expert opinion costs are part of the liability damage, they must also be settled between the parties (see OLG Frankfurt, judgment of March 14, 2012, 7 U 110/11, quoted from juris).
There is therefore no increase in assets if the relevant component probably would not have had to be renewed during the building's useful life (see OLG Frankfurt, 7 U 110/11).
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