Candle left burning, hob forgotten, bathtub overflowing: insurers are quick to classify such moments as gross negligence – with expensive consequences if your policy has gaps here. What gross negligence means exactly, when insurers may reduce benefits and how to get full coverage – we explain it here.
The law first defines negligence: "A person acts negligently if he fails to exercise reasonable care" (source: Section 276 BGB, gesetze-im-internet.de, translated). A person acts with gross negligence if they violate this duty of care to a particularly serious degree – ignoring the most obvious considerations that would occur to anyone.
Intentionally caused damage is not covered by any liability insurance. Gross negligence, however, is insurable – if the policy is right.
Under Section 81 VVG, in cases of gross negligence the insurer may reduce its benefit "in proportion to the severity of the fault" (source: gesetze-im-internet.de, translated). In practice, that means reduction rates of 25 to 100 percent – an existential risk in the case of an apartment fire with major damage. Important: in private liability insurance the injured party is often still protected, but policies without the right clause can reduce benefits or take recourse.
Good policies contain the clause "waiver of the defence of gross negligence": the insurer then pays even grossly negligently caused damage in full – ideally without any cap. This is exactly what we look for at Spreefinanz in every policy comparison, because older contracts in particular often lack this waiver or cap it at low amounts.
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The insurer. It bears the burden of proof that you acted with gross negligence if it wants to reduce benefits.
The clause exists in many lines of insurance and is recommended everywhere – but the rules differ per contract. We are happy to review your policies together.
Alcohol-related damage is often classified as grossly negligent. With a waiver clause, coverage usually remains; in cases of intent or extreme situations, benefits can still be denied.
Don't risk gaps – have your policy checked now or message us on WhatsApp (+49 151 28937141).
Sources: Section 276 BGB – Responsibility of the obligor (negligence), gesetze-im-internet.de · Section 81 VVG – Causing the insured event, gesetze-im-internet.de · Updated: 2026
