Kernrechtsfrage
Whether the appellant was entitled to claim insurance payment on behalf of his wife as a third-party beneficiary.
Extrahierter Entscheid
The household insurance was a third-party insurance; however, the appellant could not rely on Art. 17(2) VVG because he proved neither his wife's consent nor an order or legal duty to conclude the contract.
Extrahierte Begründung
A co-insured spouse is generally entitled to assert the claim herself. The policyholder may do so only under the conditions of Art. 17(2) VVG.