Posts tagged #liability insurance

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OGH: Serial Claims Clause in Professional Liability Insurances

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that a Chartered Public Accountant’s excess liability insurance cannot invalidate a serial claims clause agreed between the accountant and their basic insurance. The plainti...

OGH: No Insurance Event When Moving a Sailplane

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has commented on the waiver of liability in insurance policies with regard to damage arising from the use of an aircraft. A household and homeowner’s insurance contract exists between...

OGH: Drunkenness not a "daily life hazard"

Civil Law 

According to the Austrian Supreme Court (Oberster Gerichtshof, OGH), heavy drinking in road traffic is not a "daily life hazard" (“Gefahr des täglichen Lebens”) and does not constitute an insured event. In the original case, the son of the liability-...

OGH: Incidental damage caused by repair work and procurement

Civil Law 

If, in the course of remedying defects, necessary preparatory and follow-up work requires damage of property belonging to the builder, insurance coverage exists even if the policyholder does not act as the builder's direct contractor. The plaintiff r...

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