Insurance settlement after traffic accident

Justices: Endresen, Matheson, Bull, Bergh, Thyness

A woman who had suffered injuries in a car collision, entered into a settlement agreement with the responsible insurance company three years later. She was later granted full occupational disability pension, and demanded that the insurance settlement be resumed in accordance with section 36 of the Contracts Act. The Supreme Court found that the claim could not succeed. Based on the situation when the agreement was entered into, it appeared clear that the subsequent development – that the occupational disability turned out to be permanent – was not beyond what the parties had to expect. Also, at the time of signing, it must have appeared highly uncertain what would be the outcome of a potential dispute if the professional disability should turn out to be permanent.