Case against Germany insurance company to be settled according to German..

Case no. BS-588/2020-HJR
Order made on 10 August 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 it 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. In its decision of 8 April 2021, the Supreme Court held that the case could be instituted in Denmark, and the remaining issue was then whether it should be settled according to Danish or German law.

The Supreme Court concluded that the agreement between the Germany company and the German insurance company on the choice of German law was not binding on the boat owner. Accordingly, under the rules of EU law on the choice of law in insurance cases, the parties’ dispute should be settled according to German law as, among other things, the boat was registered in Germany.