Facts
Insurance Company [A.] called upon Professor X., a specialist in insurance law, to prepare an expert opinion on the legal validity of two clauses intended to be included in motor vehicle insurance policies. Professor X. submitted his 17-page report on January 16, 1971, after dedicating 12 3/4 working days to it. He invoiced his fees based on the 1968 Zurich Bar Association fee schedule, which amounted to a total of CHF 44,000. Insurance Company [A.], a member of the aviation insurance pool, only paid CHF 18,000, considering the claimed amount to be excessive.
Professor X. then filed a lawsuit against Insurance Company [A.] to obtain payment of the balance. The District Court of Zurich partially upheld the claim, while the High Court of the Canton of Zurich ordered the defendant to pay CHF 26,000. Insurance Company [A.] appealed against this judgment.
Considerations
The Federal Tribunal considers that, in the absence of an agreement or established practice concerning the remuneration of university experts, the judge must set a fair fee according to general principles. This fee must correspond to the services rendered and be objectively appropriate, taking into account in particular the nature and duration of the assignment, the responsibility assumed, as well as the professional position of the expert.
The Federal Tribunal considers that Professor X. cannot rely on the Zurich Bar Association fee schedule, which does not apply to his situation. Although his expertise was of great economic importance to the insurers,…