Claim under licence insurance

Supreme Court judgment 17 June 2020, HR-2020-1262-A, (case no. 19-148989SIV-HRET), civil case, appeal against judgment. 

A (Counsel Eyvind Mossige) v. Protector Forsikring ASA (Counsel Joachim Dahl Wogstad Skjelsbæk)

Justices: Øie, Noer, Kallerud, Falch, Bergh

An employee in an offshore company was covered by a so-called licence insurance, a form of insurance for employees who lose the medical licence they are required to have to work offshore. After his employment had been terminated due to redundancy, he and the company reached a settlement in court. This included the date of the employment's termination. Seven months after the date of termination, the medical licence was permanently withdrawn. Following an interpretation of the insurance terms, the Supreme Court found that the insurance event did not occur until the medical licence was in fact permanently withdrawn, not at the earlier point in time when the employee was placed on sick leave. Then, the insurance term had expired, see section 19-6 of the Insurance Contracts Act, which extends the insurance term by two months after the employment was terminated. There was no basis for a review of the insurance agreement under section 36 of the Contracts Act. The employee had thus no claim against the insurance company under the licence insurance agreement.

Read the whole judgment (Norwegian only)

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