Compensation to surviving children after homicide – no deduction in compensation due to insurance payments
Supreme Court judgment 12 Desember 2024, HR-2024-2273-A, (case no. 24-070307SIV-HRET), civil case, appeal against Borgarting Court of Appeal's judgment 15 March 2024.
A represented by guardian, B represented by guardian (Counsel Anna Alexandrovna Lutina) v. C (Counsel Kim Ellertsen)
A woman was killed, leaving behind two children aged 3 and 5. The case in the Supreme Court concerned the calculation of compensation for the loss of bredwinner for the two children, and the question was whether deductions should be made from the compensation due to insurance payments. The mother was covered by group life insurance through her employment, and each child received around NOK 1.9 million in insurance benefits.
The Supreme Court found that no deductions should be made for the insurance payments. Deductions are only relevant for payments that significantly exceed more common insurance payments. If, due to the perpetrator's actions — in this case, an intentional homicide — it is not appropriate to reduce the liability for compensation, a substantial amount would be required before it could be deemed reasonable to deduct the paid life insurance benefits.
Read the judgment from the Supreme Court (Norwegian only) (PDF)
Area of law: Erstatningsrett. Skadeserstatningsloven § 3-1 og § 3-4.
Key paragraphs: 50–51
Justices: Indreberg, Berglund, Steinsvik, Hellerslia, Sivertsen