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Brussels I (recast)—jurisdiction for insurance claim brought by professional assignee (Hofsoe v LVM Landwirtschaftlicher)

Brussels I (recast)—jurisdiction for insurance claim brought by professional assignee (Hofsoe v LVM Landwirtschaftlicher)
Published on: 06 February 2018
Published by: LexisPSL
  • Brussels I (recast)—jurisdiction for insurance claim brought by professional assignee (Hofsoe v LVM Landwirtschaftlicher)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This case concerned section III of EU Council Regulation 1215/2012 (Brussels I (recast)). Given the usual principle that claims are to be brought in the defendant’s domicile, the case is of interest as it considers what people are entitled to rely on the derogation from that principle, contained in the regulation’s articles concerning insurance claims, which entitles the insured to sue the insurer in the courts of the insured’s domicile. An injured person who is entitled by applicable legislation to bring a claim directly against a liability insurer of the person liable is also entitled to bring the claim in the courts of their own domicile. The question for the court was whether a professional to whom such a claim is assigned in order to pursue it on a professional basis is entitled to bring the claim in the courts of the injured person’s domicile. or take a trial to read the full analysis.

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