Facts
On May 12, 2009, B. AG (the Client, the Plaintiff, the Third-Party Plaintiff) and C. AG (the Contractor, the Defendant, the Respondent) concluded a contract for the construction of sanitary facilities in the Client's new commercial building. On December 3, 2010, two fitters of the Contractor carried out connection work in the kitchen of the showroom. As they left the construction site, a discharge nozzle of a T-piece was not fitted with a cover cap, causing water to leak out. On December 5, 2010, the Chairman of the Board of the Client noticed water damage in the commercial building and was able to stop the water leak.
The Client reported the damage to its building insurance, A. AG (the Building Insurance, the Third-Party Defendant, the Appellant). The liability insurance of the Contractor rejected coverage of the damage. The Client then filed a lawsuit against the Contractor and requested that it be ordered to pay CHF 203,416.35 plus value-added tax and interest. It also requested the admission of a third-party action against its building insurance.
Considerations
The Federal Supreme Court examined whether the building insurance, as an intervenor in the main proceedings, is entitled to file an appeal in civil matters. According to the case law, the third-party defendant, who participates as an intervenor in the main proceedings, can generally file a legal remedy,…