Abstract
In two recently published judgments of the Federal Supreme Court in Germany dating June 23rd, 2004 (IV ZR 130/03) and September 29, 2004 (IV ZR 233/03) the assessment of tinnitus in private accident insurance and particularly the exclusion clause section sign 2 Abs. 4 AUB 88 has been newly defined. This exclusion clause is still valid according to the actual jurisdiction in the case a tinnitus is asserted following an accident without any organic (physical) damage. In this case tinnitus has to be regarded as mental (psychic) reaction in the meaning of paragraph 2 AUB. According to the actual jurisdiction the compensation of tinnitus could be possible, when as physical underlying reason a proved harm in the field of the inner ear or the auditory pathway is found, which can be traced back to the accident according to the rules of causality.
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