Switzerland, ThomannFischer updates

Shipping & Transport

Contributed by ThomannFischer
Gini/Durlemann: Federal Supreme Court ruling could facilitate recourses for transport insurers
  • Switzerland
  • 25 July 2018

A potentially groundbreaking Federal Supreme Court ruling suggests that the notorious Gini/Durlemann practice may soon be abolished. If so, transport insurers would no longer be limited in Switzerland with regard to recourses against carriers or freight forwarders causing damage. In its justification, the court explicitly and decisively relied on the political intent to abolish the practice and referred to the planned new Article 95(c) of the Insurance Contract Act.

Severe uncertainty regarding procedural value of survey reports
  • Switzerland
  • 27 June 2018

Survey reports are an essential part of any claims handling process and an important factor in court proceedings. The Code on Civil Procedure provides for numerous clauses of admissible means of evidence. However, party assertions are not listed among these means of evidence. A recent Federal Supreme Court decision suggests that survey reports, at least if prepared by one party alone, could be considered as mere party assertions, thus rendering them useless in court.

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