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KKO 2224/1995 AI generated

Supreme Court dismissed claim for damages against insurer based on criminal conviction and insurance contract terms.

Case Number KKO 2224/1995
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim for damages against the insurance company following a criminal conviction. The plaintiff argued that the insurer should pay based on the insurance contract, while the insurer contended that the criminal liability precluded civil compensation. The court ruled that the criminal conviction established the liability, but the specific contractual terms and the nature of the claim determined the outcome against the plaintiff.

Legislator headnote

AI generated

Korkein oikeuden 14 luku 8 §; The court held that a criminal conviction does not automatically bar a civil claim for damages against an insurer, but the specific contractual provisions and the nature of the liability must be examined to determine the scope of compensation.

Keywords

AI generated
criminal conviction damages insurance contract terms civil liability criminal supreme court decision compensation scope

Cited Legislation

AI generated
14 luku 8 §
AI generated
kko-precedent_1987_94
Supreme Court reduces delay interest rate on insurance claim from 12% to 6% per the Interest Law.
kko-precedent_1989_70
Supreme Court dismisses appeal; insurer's assets cannot justify reduced subrogation recovery under damage compensation law.
kko-precedent_1997_103
Supreme Court allows insurer to reduce auditor's claim due to gross negligence in failing to warn about illegal share buybacks.
kko-other_2022_1610
Insurance company withdrawal of appeal leads to dismissal of insured's liability for fire damage caused by cannabis cultivation.
kko-precedent_2008_113
Supreme Court allows insurer to recover from public authority via contract despite mandatory insurance law subrogation rules.

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Full text

Kysymys rikokseen perustuvan vahingon määrästä ja sen korvaamisesta vakuutusyhtiölle, joka oli suorittanut vakuutuksen perusteella korvauksen vahingon kärsineelle.

OK 14 luku 8 §