Die Kulanz in der Schadensversicherung

Ex gratia is an integral part of the practice of private insurers. In the public perception, it is predominantly seen in a positive light. This work shows that ex gratia can neither always be reconciled with the legal principles of private insurance law, nor is it always unobjectionable from an economic perspective. The relevant German actors have so far remained inactive in this regard. A comprehensive legal comparison with the United Kingdom provides insightful guidance on how to enforce the legal conformity of ex gratia. The developments in the United Kingdom suggest that a future change in the approach in Germany is conceivable.