Rome II

Article 18

Direct action against the insurer of the person liable

The person having suffered damage may bring his or her claim directly against the insurer of the person liable to provide compensation if the law applicable to the non-contractual obligation or the law applicable to the insurance contract so provides.

Holdings

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C-240/149 Sept 2015

Eleonore Prüller-Frey v Norbert Brodnig and Axa Versicherung AG

A person who has suffered damage may bring a direct action against the insurer of the person liable to provide compensation where the law applicable to the non-contractual obligation allows that action, even if the law chosen by the parties as applicable to the insurance contract provides otherwise.