Laws of action and bright spots: Legal protection insurance in court due to vaccination damage

Legal protection insurance and their rejection of cover in COVID-19-vaccination damage

Legal protection insurance, including Allianz, Arag, LVM, DEVK and Zurich, have often taken a negative attitude due to complaints due to vaccination damage in connection with COVID-19. But before the regional courts, there are now severe setbacks for these relevant insurance companies.

More and more people suffer from considerable vaccination damage after the Covid 19 vaccination. The Düsseldorf law firm ROGER & ULBRICH, which is already known for the successful enforcement of claims for damages in the diesel emissions scandal, is committed to the interests of those affected. So far, the law firm has carried out over 5,000 initial consultations for vaccination damages, took over over 3,000 mandates and submitted more than 500 lawsuits.

The lawsuit that is often based on a supposedly positive benefit/risk relationship or are justified by an unimaginable "extended burden of explanation" that contradicts the Federal Court of Justice are already known in the media. But there are also positive developments that have hardly been reported so far.

According to the founding partner of the law firm, Dr. Marco Rogert, some legal protection insurers, such as HUK, ERGO and ÖRAG, do not grant any coverage for legal steps against the vaccine manufacturer Biontech Manufacturing GmbH or Moderna Biotech Spain, S.L. Other insurers reject their insured with a few exceptions. However, many affected people recognize that these rejections are not contractually justified and successfully defend themselves against the decisions of insurance.

already several legally binding arbitration report confirm that insurers and Arag are obliged to insure these case constellations. The regional courts Cologne, Düsseldorf and Mönchengladbach have already decided that the legal protection insurers DEVK, Allianz and ARAG must issue coverage for vaccination damage. Further positive decisions are expected in the near future by the Stuttgart, Cologne and Mönchengladbach regional courts, in parallel procedures against LVM and Zurich.

Allianz and Arag, as industry leaders, are particularly responsible for helping the health and financially battered customers. Although no real sympathy can be expected from insurance groups these days, it is gratifying that more and more regional courts oblige legal protection insurance to comply with their contractual obligations. So they are reminded that they have to assist their customers.

The prerequisites for a cover commitment are the same as for the approval of legal aid. A first decision by the Berlin Regional Court has already confirmed that legal aid must be granted if there are sufficient chances of success for a lawsuit. However, this “sufficient chances of success” do not want to take over the mentioned legal expenses insurance, possibly due to the high financial burdens.

From December 31, 2024, the statute of limitations for the currently most legally promising compensation claims from § 84 AMG are threatened. If it turns out that the coverage of the insurers were illegal and the insured were therefore prevented from submitting claims for damages in good time, large claims for damages against insurance could arise. Previous claims for damages before the regional courts indicate that this is very likely. In addition to the damage to the image, this could also be very expensive for legal protection insurance. Therefore, the ROGER & ULBRICH law firm continues to fight for the legal interests of the vaccine victims, who should first show solidarity, but are now abandoned from all sides, also from their own insurance