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Badertscher Attorneys at Law |

Markus Dörig

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Badertscher Attorneys at Law | Switzerland | 1 Mar 2021

New gender quotas for publicly listed companies and transparency rules for commodity sector enter into force

On 1 January 2021, as part of the new corporate governance regulations, the new provisions regarding gender quotas and transparency rules for the commodity sector entered into force. Consequently, listed companies should elect more women to boards of directors and executive boards and stricter transparency rules will apply to commodity companies.
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Badertscher Attorneys at Law | Switzerland | 14 Dec 2020

Liability of directors and board members in corporate groups

In practice, most large companies are structured as corporate groups. Corporate groups are recognised and in certain areas regulated by Swiss law (eg, accounting). However, there is little case law discussing the characteristics of corporate groups, particularly the liability of group executives. In a recent decision in the context of the collapse of the Swissair Group in 2001, the Federal......
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Badertscher Attorneys at Law | Switzerland | 30 Jun 2020

Are the effects of the COVID-19 pandemic insured? Ombudsman commissions legal expert's opinion

After spreading from Wuhan to Switzerland in less than three months, the COVID-19 crisis is creating major challenges for Swiss insurers, particularly with regard to whether insurance coverage for the effects of an epidemic also apply to a pandemic. The Swiss Ombudsman of Private Insurance recently commissioned Law Professor Dr Walter Fellmann to issue a legal opinion regarding selected......
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Badertscher Attorneys at Law | Switzerland | 13 Apr 2020

Federal Supreme Court: negative interest in loan agreements

The Federal Supreme Court recently dealt with the question of whether the interest payment obligation in loan agreements can be reversed due to the introduction of negative interest. For the first time the court has held that, unless the parties have agreed otherwise, the obligation to pay interest under a loan agreement cannot be shifted to the lender.
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Badertscher Attorneys at Law | Switzerland | 24 Sep 2019

Forfeiture clauses versus statute of limitations

The Federal Supreme Court recently addressed the relationship between a contractual forfeiture clause under Article 46(2) of the Federal Insurance Contract Act and the statutory limitation period for insurance claims. Among other things, this decision reconfirms previous case law, according to which forfeiture clauses such as the one at issue are customary in the insurance industry. It also......
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Badertscher Attorneys at Law | Switzerland | 28 May 2019

Insurance Supervision Act partially revised

The Insurance Supervision Act regulates the federal supervision of insurers and insurance intermediaries in Switzerland. Since its enactment in 2006, it has been subject to only selective amendments. However, developments in recent years have made partial revisions to the act necessary. Therefore, the Federal Council recently issued a consultation draft and invited interested parties to......
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Badertscher Attorneys at Law | Switzerland | 25 Mar 2019

Enforcing board members' information rights

The Federal Supreme Court recently considered – for the first time – whether board members' rights to information, inspection and insight can also be asserted on an appeal basis. The court also commented on the type of procedure applicable in such cases. This decision should be taken into account by board members who lack evidence or knowledge of important or necessary information,......
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Badertscher Attorneys at Law | Switzerland | 25 Sep 2018

Insurers' contractual obligations in case of fraudulent claims

Under the Insurance Contract Act, insurers are not bound by a contract if, for deception purposes, the insured party incorrectly notifies or conceals facts from the insurer which would exclude or reduce the insurer's obligation to provide indemnification. Insurers can therefore refuse payment and withdraw from such contracts. The Federal Supreme Court recently confirmed this to be true even......
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Badertscher Attorneys at Law | Switzerland | 26 Jun 2018

Right of recourse in insurance law: end of Gini/Durlemann practice

The Supreme Court recently abandoned its long-standing practice of restricting recourse under the Gini/Durlemann doctrine, which was first adopted in 1954. The court held that any non-contractual liability falls within the meaning of 'prohibited act', including all facts standardised as hazardous or simple causal liability. Private insurers must therefore be treated the same as social......
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Badertscher Attorneys at Law | Switzerland | 27 Feb 2018

Supreme Court: scope of full and final settlement clause in insurance matters

The Supreme Court recently dealt with the scope of a full and final settlement clause in an insurance matter. The decision confirms the rules for interpreting settlement agreements in insurance matters and emphasises the importance of carefully drafting the wording of such agreements if they are intended to be full and final settlement agreements of certain insurance claims.
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