Posts tagged #insurance contract

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Insurance Contract Law: Are One-Year Limitation Periods Constitutional?

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with deliberating upon the question of whether a policyholder’s claim for coverage is precluded as a consequence of non-compliance with the stipulated deadline under Sectio...

Austrian OGH: Several Proceedings, One Insurance Payment

Civil Law 

If insured events are connected in time and causation, the sum insured is only payed out once. This has been clarified by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). In the case at hand, the plaintiff sought coverage under his...

GER: Bundesgerichtshof on Cancellation of Insurance Contracts

Civil Law 

Consumers do not have the right to cancel insurance contracts concluded away from business premises. According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), there is no obligation for Germany under EU law to provide for...

OGH: Applicability of exclusion of risks to limited partnerships

The Supreme Court (Oberster Gerichtshof, OGH) ruled on exclusions of risks in an insurance contract and their applicability to limited partnerships (Kommanditgesellschaften, KG). The plaintiff is an engineering office in the legal form of a KG and is...

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