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Case law

Austrian Supreme Court decisions explained clearly.

Verified decisions on private health insurance, medical disclosures and benefits.

Private health insurance

Private health insurance

Selected verified decisions with practical context.

OGH 7 Ob 3/21y

Medically necessary treatment

In private health insurance, the insured event begins with medically necessary treatment for illness or accident consequences. Medical necessity and treatment purpose are central.

Official RIS decision →
OGH 7 Ob 111/18a

Cosmetic treatment and exclusions

The Court reviewed an exclusion for cosmetic treatment, operations and their consequences. Medical indication and contractual exclusion must be distinguished carefully.

Official RIS decision →
OGH 7 Ob 216/20w

Answer health questions carefully

Pre-contract health information requires great care. The policyholder generally bears the burden of showing an absence of fault for an incorrect or incomplete answer.

Official RIS decision →
OGH 7 Ob 69/00y

Frequency as well as severity may be material

For health-risk assessment, not only the severity of one illness but also the frequency of treatment or recurring complaints may be material.

Official RIS decision →
OGH 7 Ob 170/13w

Pre-contract disclosure and fault

Health questions must be answered completely to the best of the applicant’s knowledge. The insurer must prove the legal basis for its response, while the applicant must show any absence of fault.

Official RIS decision →
OGH 7 Ob 218/23v

Specific health questions must be taken seriously

Questions about drug use, ongoing treatment, hospital stays or mental illness are risk-relevant. Incomplete answers may endanger cover.

Official RIS decision →
OGH 1 Ob 149/13p

Purpose of a hospital daily allowance

A hospital daily allowance typically cushions additional burdens during inpatient treatment and differs from reimbursement of specific treatment costs.

Official RIS decision →
OGH 7 Ob 32/25v

Illness as the central trigger

A contractual illness is a central trigger for private health-insurance benefits. Diagnosis and medical necessity must still be assessed separately.

Official RIS decision →
Important note

The summaries do not replace individual review.

The full judgment, the individual policy and the facts remain decisive.

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