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BGE 83 II 75 ΓÇó Insurer’s agent may authorize early coverage of casco insurance
BGE 83 II 75Federal Supreme Court Official Reports (BGE) / Band IIFeb 14, 1957Dismissed
The insurer appealed against a cantonal judgment holding that its general agent had at least tacit authority to allow both liability and casco insurance to take effect before payment of the first premium. The Federal Tribunal held that the cantonal finding of authority was a binding factual determination and did not violate Art. 8 CC. It further held that, where the insurer authorizes an agent to depart from the general conditions in favor of the insured for liability insurance, good faith prevents the insurer from denying the same authorization for a casco policy concluded at the same time. The appeal was dismissed.
Art. 8 CC; Art. 34 al. 1 and 2 LCA; Art. 63 al. 2 OJ: effect of an insurer’s agent’s authority to authorize premature commencement of insurance. A cantonal finding that the agent had tacit authority binds the Federal Tribunal as a factual determination, save the statutory exceptions. Although an agent may not unilaterally alter general policy conditions, the insurer may authorize deviations in favour of the insured. Where liability and casco insurance are concluded simultaneously, good faith precludes the insurer from asserting that the agent was empowered to accelerate the entry into force of only one policy. The same authorization extends to the concomitantly concluded casco insurance, unless express contrary instructions to the agent are established (consid. 3).
83 II 75
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