Decision 16. November 2000

Decision 16. November 2000

The Finnanger Case. The Motor Vehicles Liability Act section 7 (contributory negligence). EEA-law. Case concerning a claim for damages pursuant to the Motor Vehicles Liability Act, and settlement under an accident insurance from a passenger who was permanently injured when the car in which she was a passenger, and which was driven by a person who was under the influence of alcohol, left the road. A primary issue in the case was whether section 7, subsection 3 litra b of the Motor Vehicles Liability Act accords with three EEA motor insurance directives and, furthermore, to what extent a Norwegian legal provision can be interpreted narrowly in order to avoid conflict with EEA-law in the situation where the legislature has wrongly assumed that the legal provision harmonises with the EEA-provision. Finally, the case concerned reduction of the insurance sum payable on the grounds of gross negligence on the part of the assured, see the Insurance Agreements Act section 13-9. Case history: Frostating Court of Appeal LF-1998-00997 A and LF-1998-00998 A - Supreme Court HR-2000-00049B, no. 55/1999.