Posts tagged #recourse
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 ...
Product Liability: What Damage Is Recoverable?
ZivilrechtThe right to compensation under the Austrian Product Liability Act (Produkthaftungsgesetz, hereinafter PHG) only covers damage to legal interests that are absolutely protected, in so far as this can be attributed to the defective product. Pure financ...
OGH: Right of Recourse under Austrian Insurance Law
Civil LawGrossly 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...
OGH on the Right of Recourse by a General Contractor
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of a general contractor's recourse against his sub-subcontractor pursuant to Section 1313 second sentence of the Austrian Civil Code (Allgemeines Bürg...
DE: Insurance recourse - damage caused by third parties
Civil LawAn employer is only liable to the accident insurance company in the event of an accident at work of his employee if he or one of his organs can be accused of having caused the accident intentionally or through gross negligence. According to the Germa...
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