The Senate’s Department of Civil Cases has referred a case of an accident at a ski resort in Austria to the Latgale Regional Court for re-examination of the unsatisfied part of the claim for recovery of insurance compensation and the part concerning the costs of advocate's fees.

The judgment of the Latgale Regional Court has been set aside in so far as it dismissed the claim for recovery of insurance compensation in the amount of EUR 5540.38 from AAS “BTA Baltic Insurance Company”, as well as for recovery of costs of legal aid, provided by the advocate, in favour of the claimant.

Whereas, in the part according to which the claimant was awarded EUR 3260.16 in respect of the claim filed by the injured party's employer against the claimant, the judgment of the Latgale Regional Court was upheld. A supplemental judgment of the Latgale Regional Court on the part of the Insurance Terms and Conditions declaring invalid and unjust the condition specified in the insurance contract that the third party, i.e. the injured party, is obliged to file a claim for compensation within 30 days has also been upheld. The Latgale Regional Court held that the time-limit was disproportionately short.

The Senate’s judgement states that the Latgale Regional Court had to assess whether the amount claimed from the claimant by the German insurance company which had reimbursed the injured party’s medical expenses under the insurance contract with AAS “BTA Baltic Insurance Company” was part of the damages recoverable under the applicant's third-party liability insurance in respect of damage caused to the health of a third party.

It has already been reported that in the present case the civil liability of the claimant was insured by AAS “BTA Baltic Insurance Company” in the amount of EUR 30 000. The insured event occurred following a collision on a ski slope in Austria between the claimant, who was insured, and a German national who was injured. Although the claimant immediately reported the accident to the insurer, the insurance company closed the claim on the basis of a clause in the contract which required the submission of documents relating to the accident 30 days after the termination of the insurance period.

Case No SKC-42/2025 (C30391521).

 

Kārlis Arājs
Communication adviser of the Supreme Court
Telephone: +371 67020302
E-mail: karlis.arajs@at.gov.lv