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Codan Forsikring must pay 325,000 in compensation to a leasing company for a customer’s totally damaged car in a state of intoxication.
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On Tuesday, Codan Forsikring was sentenced in the Oslo District Court to pay NOK 325,000 in compensation to the leasing company Volkswagen Møller Bilfinans.
It happened after a person totally damaged a car while intoxicated.
Also, the insurance company must pay NOK 50,000 in legal costs.
He refused to pay the settlement
In 2016, an individual entered into a lease with Volkswagen Møller Bilfinans and took out insurance with Codan Forsikring.
When the person ended up in a drunk car accident in the fall of 2018, the insurance company refused to pay the compensation agreement to Volkswagen Møller Bilfinans and the leasing customer.
As justification, the company pointed to articles 4-9 of the Insurance Contracts Law on driving under the influence of drugs.
It is not disputed that the driver lost the right to compensation. However, the leasing company did not agree that the deal would also be denied.
I have to pay anyway
Therefore, Volkswagen Møller Bilfinans sued the insurance company in May 2020 and demanded full compensation.
They were confirmed in Oslo District Court, and Codan Forsikring has been ordered to pay the company a total of just over 375,000 kroner, a recent ruling on Tuesday shows.
In court, Codan Forsikring referred to a wording of article 4-11 of the Insurance Contracts Act, according to which the leasing company loses the right to compensation due to actions of people with whom it can be identified, in this case the tenant.
However, the district court rejected that article 4-11 regulates the question of identification between several insured persons.
Codan Forsikring will spend time evaluating the trial
Arne Lyslo Kristiansen, CEO of Volkswagen Møller Bilfinans, is satisfied with the decision of the district court.
– It is good that we win, but we have not had time to look at the verdict, so beyond that I have no comment, he tells Aftenposten / E24.
Volkswagen Møller Bilfinans is owned by Volkswagen and Møllergruppen, with 51 and 49 percent respectively.
Communications manager Georg Richvoldsen at Codan Forsikring does not want to comment on the case and whether they will appeal the case.
– We will spend some time evaluating the verdict, he tells Aftenposten / E24.
Codan is one of the largest insurance companies in Scandinavia and is based in Denmark.