Third-party liability insurance coverage in the case of a so-called "veiled obligation”

–Ruling handed down by the German Federal Supreme Court on 14 May 2014 – IV ZR 288/12–

Por Ralf-Thomas Wittmann

“The Federal German Supreme Court no doubt rendered this decision in particular from the perspective of the victims warranting protection, the reason being that for third parties who suffered damage or injury as a result of this aviation accident the decision meant that the defendant remained obligated to effect payment for damages to the victims in accordance with § 158 c of the German Insurance Agreement Act (old version) (the legal situation would not be any different under § 117 (1) of the German Insurance Agreement Act) if it was to be free from the obligation to effect payment to the plaintiff merely as the result of a culpable violation of a duty. It was in this manner that the Federal German Supreme Court ultimately created an additional party owing consideration to the victims in economic terms.”

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Términos mencionados en esta doctrina: german, decision, insurance.