Posts tagged #coverage
All PostsDefect Correction Liability in Subcontractor Insolvency
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently addressed the issue of whether insurance coverage for the costs of remedying defects attributable to a subcontractor is contingent upon the insolvency of the responsible ...
BGH: Insurer May not Unilaterally Lower Coverage
Civil LawThe German Supreme Court (Bundesgerichtshof, hereinafter BGH) court has determined that insurance companies providing daily allowance benefits cannot unilaterally lower the insured per-diem rate in the event of a decrease in the policyholder’s net in...
Austrian OGH: Does Windstorm Insurance Cover Landslides?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) clarified which earth movements fall under the term ‘landslide’. In the case at hand, a homeowners insurance contract between the plaintiff and the defendant had been concluded, which...
OGH: Fictitious Managing Director's Salary as Compensation for Damages
Civil LawIn case a contract-fulfilling party does not conclude a coverage agreement, only the abstract calculation of damages can be considered. A lease agreement for a hospitality business was concluded between the plaintiff (lessee) and the defendant (lesso...
OGH on the upper limit of the amount in dispute in legal expenses insurance
The Supreme Court (Oberster Gerichtshof, OGH) dealt with how the alleged settlement of a claim is to be treated in the upper limit of the amount in dispute of a legal expenses insurance. In the preliminary proceedings, the plaintiff was sued by a sub...
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