Scandal in Lower Saxony: Farmer has to pay back 600,000 euros!

Scandal in Lower Saxony: Farmer has to pay back 600,000 euros!

In a remarkable case from Lower Saxony, a farmer has to dig deep into his pockets after a acquittal in a criminal trial. As stern.de , he was obliged by the Oldenburg Higher Regional Court to repay around 600,000 euros plus interest to an insurance. This civil process was very different from the previous criminal trial, which took place in 2012 when the farmer was charged with fraud and arson. But the district court of Oldenburg spoke him free at the time because the evidence was not sufficient.

The Higher Regional Court now came to another assessment after a "comprehensive assessment of evidence". The judges were convinced that the farmer commissioned a third party to the arson in his calf maststall and was actively involved in the preparations. This took place in 2009 when a fire broke out on the property of his wife, who was also a defendant. Before this incident there were already several fires in the region where arson was suspected.

insurance fraud and its consequences

Although the criminal justice came into acquittal, the Higher Regional Court sees things very differently in the civil proceedings. In such proceedings, the court is not bound to the decisions of the criminal justice. The repayment of 600,000 euros will result in this amount "significantly" increased by interest. This makes the financial burden huge for the farmer.

The case is not alone; It highlights a skill light on the practices in insurance. There were recently decisions from the Oldenburg Higher Regional Court, which deal with the question of data acquisition and observation by insurance. In a further case that concerns the topic of claims for damage, the court found that a plaintiff is entitled to a claim for information about personal data that was collected by a detective agency in the course of an observation. The insurer, who doubted the plaintiff's health restrictions, had fallen on the nose, because data protection protects the rights of the injured in such cases as haerlein.de summarized.

Overall, the farmer's case from Lower Saxony shows how complex the legal situation in the area of ​​insurance is and how important it is to maintain the rights of the insured - both in criminal justice and civil law. The observations from the past to take the legal procedures and the decisions of the courts could be of great importance for many affected people.