In the big fire of the Spyk tapes AG, in which an employee put the fire and took his life, because her husband, who works in the same company, was bullied by employees, in addition to the human tragedy, the question in the room, which before the fire damage comes. According to a first rough estimate of the Aargau Building Insurance (AGV), the amount of the damage to the property is approximately two million Swiss francs (AZ reported).
Given the excellent research results, the AGV does not want to comment on whether and to what extent it will regulate the damage to the building, but states that it has in principle the instruments of recourse and restriction of benefits. Does this mean that in the worst case the spouse of the deceased has to pay the damage?
Presumption of competence presumed
According to Kasper Saner, Specialist Lawyer for Liability and Insurance Law (SAV) at schadensanwaelte.ch, the appeal or claim on claims against the harmful party is "if there is culpable behavior". In this case, the AGV invoices the services provided by the injured party. According to Saner, a payment obligation from the spouse requires a liability basis. This could happen if the behavior of the person who causes the damage – the deceased woman – should be regarded as culpable. "Debt presupposes an opinion, or whether this should be assumed depends on the specific situation," says Saner.
It is subject to the judgment of the court on the basis of the results of the investigation, the testimony and the opinion of an expert on whether or not to have a judgment. The conditions for a person's judgment can be found in the Swiss Civil Code. Article 16 states: "For the purposes of this Act any person who does not have the ability to act rationally because of his or her youth, due to an intellectual disability, mental disorder, intoxication or similar circumstances, is capable of judging. " was, the request or part of it may transfer the inheritance to the spouse, if this does not reject the inheritance. "If such a payment obligation exists, the conditions for a claim against the insurance against personal liability can be met," explains Saner.
Assuming that the man has personal liability insurance, Saner must check whether his wife is covered by the insurance. Whether and to what extent personal liability insurance arranges damage to the building depends, among other things, on how the woman has acted. For example, the general insurance conditions of insurance companies operating in Switzerland provide for exclusion of cover in the event of intentional conduct. "If a fire is caused by gross negligence, it can lead to savings," says Saner.
Here you can see the photo's of the fire, which caused the whole damage: