Insurance company's claim for reimbursement was dismissed from court
Supreme Court order 30 March 2023, HR-2023-573-A, (case no. 22-164565SIV-HRET), civil case, appeal against order.
Vik Ørsta AS (Counsel Bjarte Reidar Aambø) v. MS Amlin Insurance S.E (Counsel Jakob Christen Christensen)
An insurance company that had covered a boating association's loss following the total breakdown of a breakwater, raised a claim for reimbursement against the supplier of the breakwater. The supplier refused to accept the claim with reference to an arbitration clause in the contract between the boat association and the supplier. The Supreme Court, having conducted an oral hearing, concluded in contrast to the previous instances that the arbitration clause was also binding on the insurance company. The Court also found that the term "assignment" in section 10 subsection 2 of the Arbitration Act does not only include complex legal relationships, but also individual claims, and that the term also includes transfer by subrogation under non-statutory rules. The claim for reimbursement was dismissed from court.
Area of law: Arbitration
Key paragraph: 43
Justices: Webster, Matheson, Thyness, Steinsvik og kst. dommer Remen