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Allocation of Coverage and Reimbursement Risks in International Insurance Law

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Judith Schacherreiter, KNOETZL senior associate, lectured recently at the Vienna University for Economics and Business Administration, about the law applied in an action for indemnity properly allocated between insurers.

On 14 September 2017, the “ZVR Verkehrsrechtstag” took place at the Vienna University for Economics and Business Administration. This was the 14th edition of the largest event on traffic law in Austria.  This annual event  gathers academics and legal practitioners dealing with questions of torts, insurance and administrative law arising in the context of traffic accidents.

Judith was asked to share her insights and analyses with the assembled academics and lawyers as a member of  the conference’s panel on international disputes. Specifically, she addressed cross-border actions for indemnity between and among insurers. She analyzed the recent judgment of the European Court in ERGO Insurance (joined Cases C-359/14 and C-475/14). This judgment deals with the relationship between two insurers, having covered liability for a tractor unit coupled with a trailer, with one of them exercising a claim against the other to (partially) recover of the compensation the claimant insurer had paid to the victim. The outcome of the case depends first and foremost on the often difficult conflicts-of-laws question regarding which law applies, and in which circumstances, to such claims in cross-border cases.

For more information about the ZVR Verkehrsrechtsgtag please visit https://www.verkehrsrechtstag.at.

KNOETZL is a leading Austrian law firm dedicated to dispute resolution. The firm specializes in litigation, arbitration, asset recovery/tracing, business criminal law, compliance, and corporate crisis management.

For more information please contact Judith Schacherreiter or your customary KNOETZL relationship professional at our firm.