What is the legal situation?
In the general conditions of accident insurance it is agreed, among other things, that an accident is an event beyond the control of the insured and which suddenly has a mechanical or chemical effect on his body from the outside and causes physical damage or death. According to consistent Supreme Court rulings, one’s behavior can contribute to an accident or even cause it. However, intentional and controlled behavior on the part of the contractor cannot be considered an incidental event. In the event of an accident, there is a process that has been initiated and controlled by the contractor knowingly and intentionally. However, this control is lifted by an unforeseen event and has a detrimental effect on the policyholder.
conclusion
In the present case, however, the court found that the plaintiff’s physical injury occurred as soon as the box was lifted and not after his wife pulled the box forward. The physical damage was not caused by an event beyond the actor’s control. There is therefore no accident in the sense of the accident conditions.
Attorney Dr. Roland Weinrauch: “This decision 7 Ob 76 / 22k of 29 June 2022 confirms the previous jurisprudence on the concept of accidents in accident insurance. It must be verified on a case-by-case basis whether an event beyond the control of the insured has had an external effect on the body and whether an accident has actually occurred. “
Dr Roland Weinrauch at AssCompact Trend Days 2022
dott On 6 October Roland Weinrauch will speak at AssCompact Trend Days 2022 on “Current aspects of broker liability – avoiding liability traps”. The attorney pays special attention to the power of attorney, brokerage agreement and general conditions and explains how independent brokers can protect themselves and where dangers and liability traps lurk.
Secure your free trend day tickets for October 5th and 6th now!
Registration for AssCompact Trend Days is free. Due to the different class schedule on the two days of this year’s event, your participation on both days still makes sense. If you want to take advantage of this offer, register separately on both days!
Take the opportunity to take your employees with you to AssCompact Trend Days – they can complete most of their further training obligations at the Industry Meeting of the Year!
from Dr. Roland Weinrauch (photo), founder of the law firm Weinrauch Rechtsanwälte: https://weinrauch-rechtsanwaelte.at/
Cover image: © H_Ko – stock.adobe.com
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