Facts
On 1 March 1997, a driver insured with X. Insurance AG (respondent) caused an accident in which A. (appellant) suffered injuries as a passenger. On 9 May 2007, the appellant filed a claim with the Commercial Court of Zurich and ultimately claimed CHF 1,000,000.- plus interest in the form of a partial claim. The Commercial Court dismissed the claim due to the statute of limitations. The appellant filed a civil law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court decided that the payment of CHF 100,000.- by the respondent on 11 January 2002 is to be considered as an acknowledgment of the debt within the meaning of Art. 135 para. 1 CO and has thus interrupted the statute of limitations. Even if the amount of the claim was still disputed, it is sufficient for an interruption of the statute of limitations by acknowledgment of debt that the debtor declares that he is willing to make further payments under certain conditions and thus does not exclude the existence of a remaining debt.
The respondent had also declared a waiver of the statute of limitations, but this does not change the fact that the interruption of…