Facts
On 5 February 1998, the vehicle driven by A., insured with insurance company X. SA, violently collided with the car driven by H.Z., causing the death of H.Z. and seriously injuring F.Y. (formerly Z.), his wife. A. was found guilty of negligent homicide and negligent serious bodily injury.
To obtain compensation, F.Y. approached the insurance company X. SA. The insurer paid various amounts to F.Y. and repeatedly waived the statute of limitations, but ultimately considered that the statute of limitations had been acquired.
F.Y. then brought an action for payment against the insurance company X. SA. The cantonal courts rejected the plea of prescription, considering that the insurer had abused its right in raising it.
The insurance company X. SA appealed to the Federal Tribunal, alleging a violation of Articles 18 CO and 2(2) CC.
Considerations
The Federal Tribunal first examined the issue of the applicable law, concluding that Swiss law was applicable as the law of the place of the accident.
According to Article 83(1) RTA, actions for damages and compensation for moral injury arising from traffic accidents are subject to a two-year statute of limitations, but the longer criminal statute of limitations applies if the damages result from a punishable act.
In the present case, F.Y.'s claims arose from negligent homicide and negligent serious bodily injury, criminal offences for which the relative statute of limitations was five years at the time of…