Under Swiss law, the direct claim against liability insurers in general is new. A distinction is made whether a claim is made against a liability insurer for compulsory liability insurance or a non-mandatory liability insurance. In the compulsory liability insurance matters, the insurer cannot raise all sorts of defenses that would be available by the contract, but the law provides a catalogue of excluded defenses which the insured cannot raise against the injured party when making a claim against him/her or the insurer. In a general liability insurance, the injured party is making a claim against the liability insurer of the liable party, the insurers are entitled to raise all the defenses available under the contract. This leads to a tricky situation because the law does not provide for a claim to disclose the policy. It is difficult to assess the prospects of a claim against the liability insurers.
Cem Arikan, Partner, Klein Law, Zurich (Switzerland) – Swiss law. LinkedIn: https://www.linkedin.com/in/cem-arikan-ll-m-2465a1145/
Email: arikan@kleinlaw.ch
Ansam Okbani, Lawyer-Independent Consultant, Madrid (Spain) – French law. LinkedIn: https://www.linkedin.com/in/okbaniansam/
Email: ansamokbani@outlook.com
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