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Posts tagged #gross negligence

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No Insurance for Improper Use of Parking Brake

Civil Law 

Under Section 61 of the Austrian Insurance Contract Act (Versicherungsvertragsgesetz, hereinafter VersVG), the insurer is released from its obligation to pay if the policyholder caused the insured event intentionally or in a grossly negligent manner....

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OGH: Right of Recourse under Austrian Insurance Law

Civil Law 

Grossly negligent behaviour is deemed to have occurred if there was an objectively particularly serious failure to act. Such breach of due diligence must also be considered reprehensible from a subjective viewpoint. The defendant’s grandfather is the...

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Unlocked Terrace Door – Is It Covered by Insurance?

Civil Law 

Leaving the house with the terrace door unlocked for several hours does not always constitute gross negligence, according to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). If it is a single incident, it cannot be considered gross...

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