Force Majeure (Höhere Gewalt)
Force majeure describes an extraordinary event, external to the parties, that could not have been foreseen or averted even with the utmost reasonable care, affecting liability and coverage questions in insurance.
Concept
Force majeure describes an extraordinary event, external to the operation or insured property, that could not have been foreseen or averted even with the utmost reasonable care. Classic examples include natural catastrophes (earthquake, flood), acts of war, or governmental measures that cannot be attributed to either contracting party’s sphere of control.
Relevance for liability and contract performance
In liability law, force majeure typically breaks the causal link between an act and a loss and thereby excludes liability, even under an otherwise strict causal-liability regime. In contract law, force majeure can lead to temporary or permanent release from performance obligations, for example where an event renders performance of a contractual duty impossible; corresponding clauses are regularly found in construction, event, and transport contracts.
Relevance for insurance practice
In policy conditions, force majeure is sometimes treated as an exclusion (e.g. war risk) and sometimes as an expressly included peril (e.g. natural hazards in property insurance); for claims handling, the precise distinction between force majeure and an insured fortuitous event is frequently decisive for the coverage question, particularly for business interruption, event cancellation, and transport insurance.