A provision in the insurance conditions of a business closure insurance policy (here Clause 3.4 of the BBSG 19 “Conditions for Business Closure Comprehensive Insurance Commercial,” which states that reportable diseases and pathogens, within the meaning of these conditions, are the diseases and pathogens specifically mentioned in §§ 6 and 7 of the Infection Protection Act (IfSG), is unclear within the meaning of § 305c para. 2 of the German Civil Code (BGB). It can lead the average policyholder to understand that the timing of the occurrence of the insured event is decisive.
According to the provisions in Clauses 3.1 and 3.4 of the BBSG 19, the occurrence of the insured event requires the specific naming of the disease or pathogen in §§ 6 and 7 of the Infection Protection Act (IfSG) at the time of the business closure. An expansion of the reporting requirement for diseases and pathogens not specifically named in these regulations through a legal ordinance issued based on § 15 para. 1 of the IfSG is not sufficient.