News

Failure to Litigate as a Breach of the Board of Directors’ Duty of Care

Decision of the Swiss Federal Supreme Court of March 18, 2025, 4A_506/2024

August 29, 2025

If the Business Judgment Rule is not applied, it is sufficient for a breach of the board of directors’ duty of care that a business decision appears objectively flawed. In the case at hand, the Federal Supreme Court considered the failure to litigate as a breach of duty of care.

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

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Serving clients with passion and competence has been at the centre of our work for 15 years. We are proud to be able to count ourselves among the leading Swiss law firms for liability and insurance law. These accomplishments would not have been

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