Schadensaggregation in der Rückversicherung – die Principles of Reinsurance Contract Law (PRICL) als Mittel zur Schaffung höherer Rechtssicherheit?

Most legal systems do not contain any rules regarding the aggregation of losses in the field of reinsurance. As an exception, the law of England and Wales has developed a jurisprudential riches on the subject matter. An analysis of the case law shows that the English law of aggregation is characterized by considerable terminological uncertainties and that the tests and standards developed by English courts are inadequate for creating legal certainty in the matter. Considering the importance of nonproportional reinsurance, this situation of legal uncertainty is unbearable. With a view to creating more legal certainty in the area, chapter 5 of the Principles of Reinsurance Contract Law (PRICL) provides for newly designed rules on the aggregation of losses in reinsurance.