News

No Retroactive Direct Claims: Swiss Federal Supreme Court Clarifies Temporal Scope of Art. 60 para. 1bis ICA

BGE 151 III 35 and the scope of Art. 103a ICA

26 May 2025

On January 27, 2025, the Swiss Federal Supreme Court delivered a significant ruling (case no. 4A_189/2024 published as BGE 151 III 35) clarifying the intertemporal applicability of the revised Insurance Contract Act (ICA), specifically addressing the newly introduced direct right of claim under Art. 60 para. 1bis ICA, enabling injured third parties to directly pursue liability insurers.

The Legal Nature of the Customer's Claim against the Bank for Criminal Misconduct of the Bank Employee – Potential Coverage Implications

Swiss Federal Supreme Court Decision of 13 September 2022, No. 4A_407/2021 (published as BGE 149 III 105)

Date: 25. September 2023

The critical legal issue in this decision was whether a customer who fell victim to the criminal misconduct of a bank employee had a claim against the bank for contractual performance or for damages based on the bank's legal liability.

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City of Zurich not liable for tram accident caused by pedestrian distracted by his mobile phone

Swiss Federal Supreme Court Decision 4A_179/2021

On 20 February 2019, a pedestrian was seriously injured in a collision with a tram (streetcar). The pedestrian was standing at a tram stop with his back to the approaching tram and his eyes on his