Auto Insurance

Verdict: Death by Rosenstich is an accident

According to a judgment of the Higher Regional Court (OLG) Karlsruhe, a fatal injury caused by a rose bite can be understood as an accident and the accident insurance must pay in this case (Az .: 12 U 12/13).

In the specific case it was about a man who was injured in 2010 while cutting roses. Bacteria got into the blood through the injury. After several months of treatment and the partial amputation of the affected finger, the man finally died of blood poisoning. The accident insurance did not accept what had happened as an accident and refused to pay the agreed sum insured to the husband’s widow.

This was not legal, the Karlsruhe judges ruled in July and thus also invalidated the judgment of the lower court. The OLG explained that an accident was defined in such a way that “an event that suddenly acts on the body from the outside” occurs and that was precisely the prick with a rose thorn. It is undisputed that the insured was infected with this sting and ultimately died of this infection.

The judges considered an intentional injury to the man with the rose thorn to be unlikely and even if this was initially only considered to be minor , the accident insurance could not refer to this. She must pay the surviving wife 15,000 euros plus interest as agreed in the insurance contract. The judgment is final.

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