Insurer Liable for Fire Damage to Leased Vehicle Driven by Policyholder's Brother

In a dispute over a denied claim for the destruction of a leased vehicle by fire, the appellate court overturned the lower court's ruling that the policyholder was liable for the actions of the brother who exclusively used the car, based on the interpretation of Article 14 Paragraph 3 of the Insurance Contract Act (VVG). The court reasoned that the scope of third parties under Art. 14 Abs. 3 VVG is exhaustively defined by the statute, specifically referring to cohabitants or persons for whose actions the policyholder is liable under general tort law, and this list cannot be extended to encompass mere "factual" relationships, nor was there evidence that the policyholder herself was grossly negligent in supervising her brother or that the situation qualified under the statute's other requirements, thus affirming the insurer's obligation to pay the claim.