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reference to Internet at Navi replacement ?

The district court of Hanover with Judgement 8th February 2010 decided (Az: 547 C 4343/09) that a partial coverage insurer may not refer to the purchase of a used replacement device from the Internet, if an insured vehicle is stolen in a burglary a fixed navigation system.

The defendant insurer the defendant had completed his Mercedes for a third party insurance. As part of a burglary was out of the vehicle including a fixed navigation system worth nearly 3.200, - € stolen. The applicant had to replace the device from his workshop with a comparable new Navi. The insurer refused noting that a similar navigation device at a price of only 800, - € can be purchased on the Internet, to refund the amount expended by the plaintiff.

Failing agreement the matter landed in court, where the insurer suffered a defeat.

The Court considers that the insured are costs for the installation of a comparable replacement unit for its Mercedes-skilled personnel to. He does not have a significantly lower cost replacement can refer from the Internet.

The court based its decision primarily on the statements by him of a designated expert who had stated that the web comparable Although navigation systems are offered, but not regularly. Furthermore, it is questionable whether the equipment complies with the quality of an original navigation unit from Mercedes and whether they operated under similar warranty. The experts considered it for doubtful that a workshop with a view to legal liability reasons the installation of a would willingly purchased through the Internet unit.

The purchaser of an offered via the Internet navigation device can do on a regular basis a personal picture of the seriousness of the seller and take the purchased goods not inspected. That the Court, but given the price range of such equipment was called for.

has since built the workshop a comparable replacement without the technical innovations in the vehicle the applicant shall process a claim, the insurer in the opinion of the Court also no deductions "new for old" make.

therefore upheld the appeal by the insured in full.

Had the case been tried before the District Court of Essen, the insured would have been made to the second hand market for navigation devices, as happened in a similar case.