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Case law

Supreme Court decisions on accident insurance.

Selected verified decisions with practical context. They do not replace review of the individual policy.

OGH 7 Ob 156/20x

15-month deadline for permanent disability

Where such a deadline is agreed, possible permanent disability must be claimed and medically supported in time. The period generally starts on the accident date.

Official RIS decision →
OGH 7 Ob 56/24x

When is disability permanent?

Permanent disability requires a lifelong impairment or a medically supported prognosis that it will probably remain for life. The relevant assessment date matters.

Official RIS decision →
OGH 7 Ob 187/20f

Temporary or permanent impairment

Policy terms distinguish temporary from lifelong impairment. The long-term prognosis is central to capital or pension benefits.

Official RIS decision →
OGH 7 Ob 195/14y

Reassessment within the contractual period

A different degree of disability is considered only if reassessment is requested within the contractual period. Deadline management is therefore essential.

Official RIS decision →
OGH 7 Ob 32/17g

What qualifies as an accident?

The Court examined whether an external event and resulting injury met the contractual accident definition. A suddenly noticed complaint is not automatically an insured accident.

Official RIS decision →
OGH 7 Ob 316/04b

Daily allowance and occupational incapacity

For an agreed daily allowance, the relevant occupation or activity against which complete incapacity is measured depends on the exact policy wording.

Official RIS decision →