Claim for damages from a workshop in Bodø was time-barred

A mechanical workshop had brought a major claim for damages against the firm that had executed the project and construction management for the workshop's new building. This firm immediately notified its insurance company of the claim. The firm was later liquidated, and the insurance case was not followed up. The workshop did not file a direct claim against the insurance company within the limitation period. Like the Court of Appeal, the Supreme Court found that the firm's reporting of the claim to its insurance company did not mean that the workshop could invoke the special limitation rule in section 8-6 subsection 3 of the Insurance Contracts Act, which provides that claims filed with the insurance company expire no earlier than six months after the insurance company has given notice that limitation will be invoked. An injured party that wishes to bring a direct claim against a tortfeasor's insurance company through liability insurance must report the direct claim to the company to be covered by the special rule in section 8-6 subsection 3. Neither the wording of the Act, the preparatory works nor the purpose of the provision provided sufficient grounds for interpreting section 8-6 subsection 3 any differently, and any policy considerations suggesting the opposite could not be given decisive weight. The appeal against the Court of Appeal’s judgment was dismissed.

Read the whole judgment (Norwegian only)

Area of law: Foreldelse. Erstatning. Forsikringsavtaleloven § 8-6 tredje ledd

Key paragraphs: 53, 54 og 60

Justices: Matheson, Steinsvik, Sæther, Hellerslia og kst. dommer Elsheim