Facts
The insurance company [X.] (Plaintiff, Appellant) had, as a building insurance institution, made advance payments to the property owner for a fire damage in the amount of CHF 256,000. It then sued the [Y. AG] (Defendant, Respondent), which was responsible for the outbreak of the fire, for reimbursement of this amount. However, the Commercial Court of Aargau dismissed the claim, as the insurance company's recourse claim was time-barred. The insurance company appealed against this judgment to the DFC.Considerations
The DFC confirmed the judgment of the lower instance. It stated that the insurance company's recourse claim against the tortfeasor is based on Art. 51 CO and is time-barred independently of the injured party's claim for damages against the tortfeasor. According to established case law, the limitation period for this recourse claim is one year, by analogy with the provisions on unjust enrichment (Art. 67 CO). The limitation period begins to run separately with each partial payment made by the insurance company to the injured party, as the…