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Institute Enacts Procedure outlines in Article 93 (2) of the Treaty.

Numerous fires have occurred on a farmers' land in Lower Saxony, with a specific instance being the fire in a calf barn.

Procedure prescribed in Article 93 (2) of the Treaty will now be commenced by the Commission.
Procedure prescribed in Article 93 (2) of the Treaty will now be commenced by the Commission.

Institute Enacts Procedure outlines in Article 93 (2) of the Treaty.

In a landmark decision, the Higher Regional Court (OLG) Oldenburg has ruled that a farmer from the Oldenburg area must repay approximately 600,000 euros plus interest to his insurance company. This verdict, Case No. 1 U 229/20, comes after a lengthy legal dispute that began in 2009.

The dispute started when a major fire occurred in the farmer's calf fattening stall, for which he received nearly 600,000 euros in insurance compensation. However, the farmer's past is not without controversy. In 2012, he was acquitted in a criminal trial for suspected arson and fraud, but this acquittal did not protect him from civil liability.

In the subsequent civil trial, the court found the farmer guilty of commissioning the fire in the calf fattening stall in 2009 and preparing the act. The court's decision also highlighted the farmer's previous fabricated reports to liability insurers, which were later classified as such by courts.

This case serves as a warning example and a wake-up call for businesses with larger insurance sums to always document damage claims flawlessly and verifiably. The farmer's insurance fraud led to the offence of insurance fraud (§ 265 StGB).

The fire that engulfed the farmer's operation in Lower Saxony has a history dating back to the 1990s. Technical defects were the cause of fires in 1996, 1997, and 2001. Two more fires occurred in a residential and business building in 2010. The fire in 2006 is suspected to be arson.

Insurers have the right to reclaim paid amounts due to suspicion of fraud, even years later. This verdict underscores the importance of transparency in insurance claims for businesses. Businesses with larger insurance sums should be particularly vigilant in documenting and verifying their damage claims.

The legal dispute has finally been resolved, marking the end of a long-standing case in Lower Saxony. The farmer's identity has not been disclosed in the provided search results to protect his privacy. The verdict serves as a reminder that civil liability does not automatically cease with a criminal trial acquittal.

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