Waiver of Gross Negligence Defence – Motor Own Damage
The clause waives, within motor own-damage cover, the insurer's statutory right to reduce indemnity for gross negligence in causing a vehicle claim, except for drink-driving or other expressly excluded breaches.
- Clause type
- Extension
- Origin/Market
- Swiss market
- Favours
- Insured
- Negotiability
- Negotiable
Purpose
All three DACH jurisdictions generally entitle motor own-damage insurers to reduce or refuse indemnity where the policyholder or driver caused the vehicle claim through gross negligence. This clause carries the general contractual waiver of that defence (see clause-kuerzungsverzicht-grobfahrlaessigkeit) into comprehensive motor cover: for an additional premium, the insurer waives reliance on gross negligence within own-damage cover, so that typical driving mistakes such as inattention, excessive cornering speed or a manoeuvring error are treated economically like ordinary negligence.
Effect and limits
The buy-back is almost always limited in scope: driving under the influence of alcohol or drugs above certain thresholds, wilful acts, and participation in motorsport events are typically carved out from the waiver even where it has been agreed. Without these carve-outs, the clause would in effect insure particularly high-risk misconduct free of additional premium, contradicting the underlying principle of risk equivalence.
Negotiation and practice
Because drink-driving is the most frequent point of dispute in own-damage claims handling, policyholders buying the waiver should scrutinise the precise exclusion wording: does the reduction defence apply from 0.5 per mille blood alcohol, or only from the threshold for absolute unfitness to drive? The additional premium is usually calculated by claims history and vehicle value, and the waiver is negotiated more often in fleet business than in private-customer contracts.
Legal basis
- CH: Art. 14(2) (insurer's right to reduce indemnity for gross negligence)