“SOS Repatriation Service” Includes Medical Liability

Aug 20, 2026 Benn-Ibler Rechtsanwälte

In the following decision, the Supreme Court (OGH) had to address the question of what obligations an insurer assumes under an agreed-upon “SOS repatriation service.”

While staying in Warsaw, the plaintiff suffered a cerebral hemorrhage and was initially treated at a local hospital. Subsequently, the SOS service arranged for his repatriation to Austria. During transport, the plaintiff suffered a pulmonary embolism. According to the findings of the lower courts, this was caused by a lack of thrombosis prophylaxis at the Polish hospital. Even earlier transport or a different mode of transport would not have prevented the complication.

Insurer’s Medical Liability

The Supreme Court clarified that, based on the specific terms of the insurance policy, the insurer was not merely obligated to cover the transportation costs. Since the insurer decided on the execution and nature of the repatriation, the average policyholder was also entitled to expect that the transportation and care provided during the journey would be medically responsible. The intervening party commissioned by the insurer is attributable to the insurer pursuant to § 1313a of the Austrian Civil Code (ABGB).

However, there was no further obligation to independently and comprehensively review the patient’s fitness for transport as determined by the treating hospital without a specific reason.

No Liability Due to Lack of Causation

The insurance company’s liability for the resulting health damages ultimately failed due to the lack of causation. The complications were attributable to the lack of thrombosis prophylaxis at the Polish hospital and could not have been prevented even by earlier transport or other measures taken during transport.

OGH 7 Ob 59/26s (June 24, 2026)