Private insurance
Prior risk clause and the principle of continuous coverage in liability insurance
Marco Mazzilli
— 29 July 2026
In its decision 4A_433/2025 of May 27, 2026, the Federal Court dismissed the appeal of a liability insurer that had refused to pay benefits under a policy structured according to the loss-occurrence principle. This mechanism links the claim to the time when the damage becomes apparent, rather than to the date of the underlying event. The insured, a manufacturer of aluminum composite panels used for facade cladding, had been covered by the appellant’s liability insurance for several years. The insurance[...]
