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[The disability concept in private accident insurance]
Versicherungsmedizin
|November 1, 1989
Summary
German personal accident insurers updated their General Conditions (AUB 88), redefining permanent disability. The focus shifts from work ability to medical assessment of physical or mental faculty impairment.
Area of Science:
- Insurance Law
- Medical Assessment
- Disability Evaluation
Context:
- Introduction of new German General Conditions (AUB 88) by personal accident insurers.
- Shift in the definition of permanent disability from 'ability to work' to 'impairment of physical or mental faculties'.
- Implications for medical experts assessing insurance claims under the new AUB 88 guidelines.
Purpose:
- To explain the new definition of permanent disability under the AUB 88.
- To outline the revised assessment criteria for medical experts.
- To highlight the distinction between assessing limb/sensory organ impairment versus other bodily impairments.
Summary:
- The AUB 88 redefines permanent disability, focusing on medical impairment of faculties rather than work capacity.
- Assessment for limbs/sensory organs still uses the 'Gliedertaxe' (disability scale).
- For other body parts, the medical degree of handicap to normal faculties is decisive, excluding non-medical factors.
Impact:
- Medical experts must adapt their assessment methods to the new AUB 88 definition.
- Ensures a strictly medical evaluation of permanent disability, independent of non-medical considerations.
- Clarifies the criteria for determining disability benefits in personal accident insurance claims.