In advance of the new year, it may be of interest to see what
lessons can be learned from rulings by the Supreme Court (HD) in
2023. Lindahl's dispute resolution team has therefore
summarised a few of last year's most interesting cases. At the
end of each section there is an indication of any practical
take-aways.
Insurance law
"Mösseberg II" – a question,
inter alia, concerning a right of direct claim and the
effect of a previous judgment relating to the same event (NJA 2023
p. 680)
A fire broke out during ongoing renovation work on a cultural
building at the Mössebergs Kurort hotel. There was SEK 25
million's worth of damage. The property owner's insurance
company paid for the restoration of the building after the fire and
then brought an action under a right of recourse against the
construction company that carried out the renovation work.
Nevertheless, the action was withdrawn. The construction company
brought an action against its insurance company