Right to insurance payment was time-barred
Supreme Court judgment 7 December 2021, HR-2021-2404-A, (case no. 21-117215SIV-HRET), civil case, appeal against judgment.
Eika Forsikring AS (Counsel Karoline Dorthea Stenberg) v. A (Counsel Edvard Terje Eide)
Justices: Skoghøy, Matheson, Kallerud, Ringnes, Falch
An insurer had rejected the customer's claim for insurance payment after a fire. The customer brought an action against the insurer within the six-month time limit in section 8-5 subsection 2 of the Insurance Contracts Act. The Conciliation Board discontinued the case in accordance with section 6-11 of the Dispute Act. The customer filed a writ against the insurer one year and 10 months after the recommendation. The Supreme Court found it clear that the deadline provision in section 8-5 subsection 2 of the Insurance Contracts Act is a substantive limitation rule. The effect of the original interruption of the limitation period was thus regulated by section 18-3 subsection 2 of the Dispute Act. Since the one-year time limit in this provision had been exceeded, the claim was time-barred. The insurer was not liable.