Facts
- [G.] was insured with Insurance Company X. for liability, comprehensive, and accident coverage. On April 3, 1980, he was involved in a traffic accident. On May 29, 1986, he sustained an injury to his left ankle while at work. - On October 26, 1990, [G.] filed an action against Insurance Company X. for payment of a disability benefit. The defendant invoked the statute of limitations. - The Civil Court upheld the plea of prescription and dismissed the claim. [G.] appealed this judgment to the Federal Tribunal.Considerations
1. The contested judgment is not a preliminary decision within the meaning of Art. 50 FJA, but a final decision within the meaning of Art. 48 FJA, as the acceptance of the plea of prescription leads to the dismissal of the claim on the merits. 2. According to Art. 46(1) IPA, claims arising from an insurance contract are subject to a two-year statute of limitations from the "fact giving rise to the obligation". - The case law has long considered that the time limit runs from the day of the accident. However, the Federal Tribunal has modified its case law, considering that for benefits payable in the event of disability, the time limit does not run from the accident, but from the time when the insured's disability can be considered established. -…