The Vienna Regional Court for Civil Matters, acting as the court of appeal, has clarified in a recent decision that claims handling costs incurred by a consultant in insurance matters may be recoverable even without the insurer being in default.
The decision is of significant practical relevance for the insurance industry as well as for consultants in insurance matters. It strengthens the position of injured parties in enforcing legitimate claims and at the same time provides important clarification regarding the recoverability of professional assistance in the course of claims handling.
Mag. Reinhard Vanek succeeded in obtaining this landmark decision before the court of appeal, following an earlier victory before the Austrian Supreme Court.
