Dismissal of the complaint against the refusal of benefits by a legal protection insurance

Facts

The complainant [X.] concluded a traffic law protection individual insurance with the defendant [Y.] Rechtsschutz-Versicherungs-AG in November 1999. During the ongoing insurance contract, the complainant was involved in a traffic accident on December 21, 2003, and on October 5, 2006. The defendant refused to grant costs to the lawyer commissioned by the complainant, as the complainant had violated contractual obligations.

The complainant filed a lawsuit with the District Court of Frauenfeld and requested a declaration that the defendant would cover costs up to a maximum amount of CHF 250,000 for the enforcement of her claims from the accidents. The District Court dismissed the lawsuit. The complainant appealed to the High Court of the Canton of Thurgau, which considered the appeal unfounded and dismissed the lawsuit.

The complainant requests with a complaint in civil matters that the judgment of the High Court be set aside and that it be declared that the defendant is liable for cost coverage. The defendant requests that the contested judgment be confirmed in dismissal of the complaint.

Considerations

The Federal Court examines whether the complainant has violated contractual obligations. The lower court found that the complainant had violated several obligations, such as late damage notification, violation of the duty to inform, provide information and cooperate, and the unauthorized appointment of a self-chosen legal representative.

The complainant claims that she did not violate any obligations, in particular not the duty to enable the defendant to regulate the matter itself. She…