Case against German insurance company could be instituted in Denmark

Case no. BS-588/2020-HJR
Order made on 8 April 2021

A
vs.
Württembergische Versicherung AG

A Danish boat owner had transferred 3% of the ownership to his boat to a German company, which then registered the boat in the German shipping register and took out, among other things, hull insurance for the boat in a German insurance company. The boat was subsequently damaged, and the boat owner instituted legal proceedings against the German insurance company at its home court in Denmark. The German insurance company submitted that the case should be rejected on the grounds that it should have been instituted in Germany.

The Supreme Court considered that, according to the insurance agreement, the boat owner was to be regarded as the insured and not the policyholder. Accordingly, the Supreme Court found, referring to the EU Court of Justice’s case law, that the insured boat owner was not bound by an agreement conferring jurisdiction on Germany made between the policyholder and the insurer which were both domiciled in Germany.

In addition, the Supreme Court decided to resume preparation of the case in respect of the question of whether the case should be settled according to German or Danish law.

The High Court had reached a different conclusion.