Facts
The opposing party A. became the victim of a car accident on September 27, 1996, which was caused by a driver insured for liability by the legal predecessor of the appellant X. Insurance. The opposing party was 100% incapacitated for work until October 18, 1998 and has since been receiving a 50% pension from both the IV (Disability Insurance) and the accident insurance. The appellant provided supplementary benefits and prepared an invoice on May 12, 1999 for the uncovered loss of earnings and household damage to be assumed by her. She transferred a credit balance of CHF 15,048.45 to the opposing party as an on-account payment.
On November 7, 2002, the responsible claims inspector called the opposing party to arrange a meeting to discuss any further claims for damages. However, the opposing party cancelled the appointment and contacted a lawyer. On December 15, 2004, the opposing party filed a lawsuit regarding the uncovered direct damage.
Considerations
The Federal Court notes that for the interruption of the statute of limitations according to Art. 135 No. 1 CO, an acknowledgment of the claim by the debtor is sufficient. An act of acknowledgment does not require an intention to interrupt the statute of limitations, but it is sufficient that the debtor may be understood by the creditor in good faith as a confirmation of his legal obligation.
In the present case, the claims inspector of the appellant expressed to the opposing party in a telephone conversation that the appellant…