Posts tagged #insurance law
All PostsAustrian OGH: No Insurance Cancellation after Universal Succession
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that a policyholder who acquires ownership of a property partly through testamentary succession (e.g. a transfer agreement) and partly through universal succession (e.g. an ...
GER: Insurance Law and Fit Lifestyle Rebates
Civil LawIf you have a healthy lifestyle and keep fit you'll be rewarded with lower premiums, a German insurance company promised potential policyholders. However, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled tha...
OGH: Legal Protection Coverage for Data Breaches
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that even non-material damages may be covered by a legal expenses insurance policy under the General Conditions for Legal Expenses Insurance 2017 (Allgemeine Bedingungen...
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...
VwGH: Taxation of insurance compensation
The Administrative Court (Verwaltungsgerichtshof, VwGH) has ruled on whether an insurance compensation received for a property is subject to the special tax rate of Section 30a of the Income Tax Act (Einkommensteuergesetz, EStG). The appellant ran a ...
OGH: On the right to withdraw from life insurance policies
The beginning of the period for the withdrawal from life insurance policies may be made dependent on the receipt of certain documents. These documents must be delivered at the latest with the policy and the policyholder must not have any doubts about...
OGH on insured activities of an accountant
In this case, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether the intervention of an accountant as an agent for service of documents in income tax matters is covered by her professional liability insurance. The plaint...