Questione giuridica chiave
Whether hail damage to the winter garden roof had to be compensated at replacement/new value or condition value.
Decisione estratta
Because the roof panels were an individually aged building component with a condition value below the assessed time value of the whole insured property, compensation at condition value was lawful.
Motivazione estratta
Under § 44 Abs. 5 GVG, an individual building component with material aging and weakening may be compensated at real condition value when it is lower than the assessed time value. The insurer's 85% time value for the whole building did not prevent a 55% condition value for the roof panels.