Pneumologie
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The strongly pronounced obstructive sleep apnoea syndrome can lead to serious traffic accidents if the driver falls asleep at the wheel. This article deals with the insurance law consequences, especially with the problem if the insurer raises the objection that the sleep apnoea sufferer acted grossly negligent. Since the new German Insurance Contract Act of 1 (st) January 2008 paragraph 81 regulates a benefit reduction in cases of gross negligence by the insurant. ⋯ The jurisdiction is aware of the fact that in the case of sleep apnoea fatigue does not necessarily need to precede the act of falling asleep. In the opinion of the author it has to be distinguished between medicated and not medicated sleep apnoea and further if the sufferer knows about his disease. If the sleep apnoea sufferer has known of the risk of sudden microsleep, for example, after being warned by his doctor who discovered the disease, gross negligence cannot be dismissed and assurance benefit has to be reduced by about 65 %.