Recourse of the liability insurer against the co-holder

Facts

On November 28, 1962, a traffic accident occurred on the Zürcherstrasse outside Jona between two passenger cars driven by Karl Landolt and Mrs. Paula Hegner. Mrs. Hegner had stopped on the right side of the road and then wanted to turn left into the street to turn around in the opposite driveway. At the same time, Landolt was in the process of overtaking this vehicle, resulting in a collision. Mrs. Landolt and a passenger of Mrs. Hegner were seriously injured, and the vehicles were heavily damaged.

The Landolt spouses sued the Basler-Unfall (liability insurer of Mrs. Hegner) and Mrs. Hegner herself for damages. The District Court of See partially upheld the claim, whereupon both parties filed an appeal. The parties then reached a settlement in which the defendants acknowledged the claims of the plaintiff 1 (Mrs. Landolt) and left the claim of plaintiff 2 (Mr. Landolt) to the court for decision.

The Cantonal Court of St. Gallen upheld the claim of plaintiff 2 in the amount of CHF 4,612.55 and granted the counterclaim of defendant 1 (Basler-Unfall) against plaintiff 2 in the amount of CHF 13,454.20.

Considerations

Legal Considerations:

The Federal Supreme Court first examined whether defendant 1 as the liability insurer had entered into the rights of the holder Hegner. It affirmed this by analogous application of Art. 72 of the Insurance Contract Act, as otherwise an enrichment of the insured would occur.

Furthermore, the Federal Supreme Court examined whether plaintiff 2 could invoke a ground for…