Exemption from performance due to increase of risk. 4.5.1 If the insured event occured after an increase of risk, the insurer is not obliged to perform if the policyholder / insured deliberately violated his/her duties pursuant to paragraph 4.2.1. If the policyholder / insured acts grossly negligent in doing so, the insurer is entitled to reduce its payment proportional to the severity of the policyholder’s / insured’s fault. The policyholder / insured is required to provide evidence that he/she did not act in gross negligence.
