Liability under the Motor Car Liability Act for a parked car
Supreme Court judgment 19 April 2021, HR-2021-822-A, (case no. 20-012309SIV-HRET)
Gjensidige Forsikring ASA (Counsel Merete Anita Utgård) v. KLP Skadeforsikring AS (Counsel Vidar Kaurin Endal)
Justices: Indreberg, Kallerud, Ringnes, Bergh, Thyness
A car parked in a carport between two houses, caught fire due a defect in the car's electrical system. The two houses were severely damaged. The insurance company having issued the home insurance covered the damage, and then claimed recourse from the insurance company in which the car had a third-party motor insurance. The Supreme Court's majority of four justices found like the previous instances that the exemption from strict motor vehicle liability in section 2 subsection 1 (b) for damage "occurring while the car is appropriately parked away from a street, road or other places available to the public", was not applicable. The Court found that the exemption rule must be interpreted to exclude ordinary parking of cars in regular use. The damage was thus covered under the third-party motor insurance. Dissent 4-1.