This page is part of the overview of Estonian Supreme Court insurance case law. It collects 1 decision of the Civil Chamber of the Supreme Court (Riigikohus) on this topic, in chronological order, with a short synthesis of the direction of the case law. The summaries are written in our own words; the judgments themselves are available in Estonian only. Abbreviations and citation conventions are explained on the overview page.
Synthesis
There are few Supreme Court decisions on personal insurance. In addition to the decision below, relevant decisions are the accident insurance judgments 3-2-1-112-14 (intoxication; burden of proof under VÕS § 552; topic 3) and 2-19-14759/139 (gross negligence, proportionality; topic 4), the travel insurance medical expenses judgment 3-2-1-178-12 (topic 6) and the judgment on avoidance of a life insurance contract 3-2-1-34-01 (topic 8). No recent substantive Supreme Court decision on life insurance or unit-linked life insurance was identified for this overview.
Decisions
RKTKo 08.03.2001, 3-2-1-29-01
Judgment · no paragraph numbering · accident insurance; disability and injury benefits; right of choice · pre-VÕS law
The type and amount of the benefit follow from the policy and the conditions forming part of it. The insured may choose between an injury benefit and a disability benefit only if the contract provides for both; where the policy provided only for a disability benefit, an injury benefit could not be claimed. The decision applies pre-VÕS law.
Judgment on riigikohus.ee (Estonian)