Austria: Supreme Court decides on travel insurance

Michael Wukoschitz's picture

In a recent judgement, the Austrian Supreme Court (OGH) has held that an insurance company which has issued an insurance policy covering cancellation fees of a traveller in case of illness or injury cannot deny payment based on gross negligence of the traveller if the letter was injured in a car accident in which he did not have his sealtbelt fastened. Alhough the obligation to fasten seatbelts is important in car traffic, a violation of same only constitutes slight negligence and does therfore not relieve the insurance company from payment.

Judgement 7 Ob 58/13z of April 17, 2013 available in German here>>.

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