Recenzija, prikaz
Exclusion from Insurance of Damages Caused by Gross Negligence
Vesna Skorupan Wolff
Sažetak
The plaintiff was navigating the boat at night in conditions of extremely poor visibility due to darkness, fog, clouds, rain, wind and waves. After a short pause in the voyage, he continued to navigate without checking the position of the boat in relation to the mainland, and struck the shore and ran aground, with the boat sustaining considerable damage. As an insured person, he claims compensation from the insurer under the boat’s hull insurance policy. The courts ruled that the plaintiff (the insured) acted with gross negligence because in the described conditions of navigation, after the short stop, he continued to operate the boat without checking its position on the GPS device. Since the insurance policy excludes losses arising directly or indirectly from the gross negligence of the insured, the plaintiff’s claim for compensation under hull insurance contract of his boat was rejected.
Ključne riječi
Hrčak ID:
341012
URI
Datum izdavanja:
12.12.2025.
Posjeta: 359 *