Facts
On July 31, 1982, during a violent storm, the chain anchoring a buoy owned by Hotel Lago di Lugano S.A. broke, causing serious damage to the motorboat of Rolf Hartenstein, insured with Allianz Versicherungs-Aktiengesellschaft. The insurer exercised a right of recourse against Hotel Lago di Lugano S.A. for the compensation paid to the insured.Considerations
The Federal Tribunal dismissed the insurer's appeal, confirming the appellate judgment. The decision is based on the following principles:
1. Subrogation and the exercise of the right of recourse are cumulatively subject to the law governing the insurance contract and the law governing the underlying obligatory relationship of the insurance benefit. Therefore, the insurer's right of recourse is subject to the restrictions of Swiss law, which only allows it in case of gross negligence of the third-party responsible.
2. According to Swiss law, the defendant did not commit a tort, as it did not have a general obligation to…