Questão jurídica principal
Whether claims against B.___ AG were time-barred
Decisão extraída
The one-year limitation period had not yet expired when the insurer issued the first waiver of limitation; claims against B.___ AG were therefore not time-barred.
Fundamentação extraída
The court held that the claimant had concrete knowledge of the essential elements of damage and the liable person only by end-December 2013, while the insurer had already granted a limitation waiver on 7 February 2013 and renewed it thereafter. The operator’s liability could thus still be asserted.