Questão jurídica principal
Whether the 20% reduction of the building insurance compensation for gross negligence was lawful
Decisão extraída
Yes. Storing highly flammable items in close proximity to the sauna heater in an operable sauna constituted gross negligence; the insurer was entitled to reduce the compensation by 20%.
Fundamentação extraída
The court held that leaving flammable cushions and other materials in an operable sauna created an obvious and avoidable fire risk. Even if using an unused sauna as storage is not per se grossly negligent, the decisive factor was the storage of flammables near the heater. Gross negligence does not require particularly reckless intent, and the 20% reduction was moderate within the statutory maximum.