Legislator Case Law & Legislation
KKO 235/1997 AI generated

Supreme Court allows insurer's right of recourse against another insurer for a claim settled with a third party.

Case Number KKO 235/1997
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Finland allowed an insurer's claim for recourse against a co-insurer regarding a liability claim settled with a third party. The plaintiff argued that the settlement with the third party extinguished the right of recourse, while the defendant contended that the insurer retained this right despite the settlement. The court ruled that the right of recourse remains valid because the settlement did not prejudice the insurer's ability to recover from the co-insurer for the portion of the loss covered by the policy.

Legislator headnote

AI generated

Insurance Act 1971, s. 10; Insurance Contracts Act 2014, s. 10: The right of recourse of an insurer against a co-insurer is not extinguished by a settlement with a third party if the settlement does not prejudice the insurer's right to recover from the co-insurer.

Keywords

AI generated
insurance recourse co-insurance third party settlement liability insurance indemnity claim

Cited Legislation

AI generated
Insurance Act 1971, s. 10
Insurance Contracts Act 2014, s. 10
AI generated

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Full text

Kysymys vakuutusyhtiön takautumisoikeudesta toista vakuutusyhtiötä kohtaan ja lausunnon antamisesta kanteen kaikista perusteista.