I. Public Liability – No. 1.1 General Terms and
Conditions of Liability Insurance (AHB) – Loss of Use as
financial losses
The OLG Karlsruhe has stated in its ruling of October 31, 2013
(6 U 84/12), that a loss of use was not to be deemed as material
damage within the meaning of No. 1.1 of the General Terms and
Conditions of Liability Insurance (AHB).
Defective laying of tiles – loss of use due to the
removal and re-installing of machinery
The policyholder operating a tile specialist shop layed tiles in
the bottling plant of a wine press house. After some time the tiles
became loose. It was indisputable that those tiles had been layed
in a defective manner and, in order to remedy the defect, that the
entire flooring had to be renewed. However, this could only be
carried out by removing the wine press house's machinery in the
bottling plant and by re-installing them at a later stage. Against
this background of re-installing and removing machinery the wine
press
