The company’s server failure can in itself be regarded as a physical injury under the insurance. Since the company has failed to handle the updates of the software has, however, not entitled to for fuse replacement. It notes the Court of Appeal, which then takes on the insurance line.
Since a company’s server had crashed turned the company into its insurance company to require insurance compensation.
According to the company computer had suddenly and unexpectedly foundered which meant that the company would be entitled to compensation under applicable insurance.
307 000 SEK
insurance company, for its part, refused to pay any compensation and argued instead that damage is not covered by the insurance agreement.
The company sued the insurance company in Uddevalla District Court and requested more than 307,000 crowns in compensation from the insurance company.
The district court concluded that server the accident had been caused by the software was the server was too old and that no physical damage had not occurred. There was therefore no question of any contingencies the District Court considered that consequently went on the insurance line.
The ruling was appealed to the Court of Appeal for Western Sweden.
Could have remedied the injury
Company believes that the software belong so closely linked to the physical circuit on the hardware that the damage to software should be considered a physical injury.
The Court of Appeal parts in itself the company’s view that the circuit and code, is considered to be so closely tied together that the damage will be considered as physical in accordance with the insurance. In this case, however, had the damage been remedied through normal servicing and adjustment – that is, by updating the software.
This causes an exception when the policy applies, and any compensation the company may therefore not get. The Court of Appeal therefore fixes the District Court’s verdict.
Axel Waltré
Photo. Susanne Lindholm / TT
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