No ADAC insurance for Irven-Leroy Krieger’s Can-Am Spyder – that’s fixed now, and there’s nothing illegal about it. Already 33 Irven has been a member of the ADAC for years, recently he was fed up, because a long back and forth resulted in the request for comprehensive insurance for his Can Am Spyder RT with the ADAC Munich. A telephone inquiry in 2013 was followed by an open letter with a clear expression of dissatisfaction and a reference to a legal review on his part. Even a long wait did not bring the desired result, “because no insurance company can be forced to take on a desired insurance cover,” according to the Federal Financial Supervisory Authority BaFin.
No ADAC insurance for Can-Am Spyder: open letter
His dissatisfaction did Irven-Leroy Krieger already announced in the FaceBook group ‘Can-Am Spyder driver Germany’. You can read his open letter to the ADAC board of directors on November 13, 2015, entitled ‘I’m fed up’.
I have owned a Can Am Spyder RT from the Canadian manufacturer Bombardier since October 2012. This is an inverted trike, meaning two wheels in front, one in back, and counts as a multi-track vehicle. According to the Federal Motor Transport Authority, around 2,000 vehicles of this type are currently registered. As a long-standing member of the ADAC (33 years), I asked about insurance. I was only offered liability insurance. However, due to the vehicle value of currently €34,500, I value fully comprehensive insurance and have therefore taken out a contract with another provider.
This topic is discussed again and again in the various Spyder forums. I found that there are a total of 3 variants of your “behaviour”:
– insured with the ADAC with comprehensive insurance and liability approx. 250, € pa
– insured with ADAC only with liability
– Rejected by ADAC insurance.
There is no visible system. From the “principle of equality” you have to treat all applicants equally. A refusal can only be based on the person of the applicant, how many previous damages, etc. On the other hand, in my opinion, these vehicles do not pose any particular risks and are mostly used in our free time and lovingly cared for and cared for. The owners, who I have met at numerous meetings, are on average between 50 and 75 years old and often have decades of motorcycle experience; are usually better off, homeowners and/or garage owners. Young hotheads tend to be the exception.
I will have a legal review carried out to determine whether your behavior is legally compliant. Before doing so, however, I would like to give you the opportunity to comment. The current state of completely arbitrary handling and the associated annoyance of long-standing members who have remained loyal to the ADAC even in “stormy times” is no longer acceptable. Because of the wide interest, I have chosen the form of an open letter and will bring your answer to the attention of the Spyder community. In the same post, I also informed the Federal Financial Supervisory Authority for the Insurance Supervision sector about this process.
Irven Leroy Krieger
ADAC: Statement on the open letter
The Federal Financial Supervisory Authority BaFin has now answered. The statement of the ADAC was also attached to the letter:
Dear Sir or Madam, Our position on Mr. Krieger’s submission is as follows: In 2013, Mr. Krieger called several times to inquire whether a risk could be insured. In response to both inquiries, the information was given that we can only offer liability insurance here. The decision as to whether comprehensive insurance can also be offered for a venture is always made as part of an individual examination. Here, the customer relationship is viewed as a whole, i.e. it is checked whether contracts already exist and with what risk. Internal acceptance policies change over time. This is why there can also be different assessments. However, there is always a review on a case-by-case basis. An arbitrary procedure cannot be understood on our part.
Financial Regulator Opinion
With the statement “We would be pleased if we could contribute to clarification”, Leroy read the following from the Federal Financial Supervisory Authority BaFin:
Dear Mr. Krieger, the insurer informed me about your submission. I am attaching a duplicate of his statement of November 30, 2015.
The insurer describes the course of events from his point of view. To avoid repetition, I refer to his explanation. The company explains that the decision to offer comprehensive insurance is always made as part of an individual assessment. The statements made by the insurer do not reveal any violation of statutory provisions and are not objectionable from a supervisory point of view. There is freedom of contract in private insurance. The companies can decide for themselves whether and, if so, under what conditions they accept applications. This also applies to extensions of insurance cover requested by the customer for existing insurance contracts. This means: I cannot force an insurance company to take over the desired insurance cover at all or to certain ones. Even a court could not do that.
Since no insurer can be forced to insure a risk, one should not be angry if ADAC insurance is not offered for Can-Am Spyders. chk
Contact: > Irven-Leroy Krieger
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