Ski-lift operator insolvency during a pending damages action: filing, insurance and coverage limits

Under section 6(1) IO, proceedings to assert or secure claims against assets forming part of the insolvency estate cannot be started or continued against the debtor after the opening. Section 7(1) IO interrupts pending litigation in which the debtor is claimant or defendant. The statutory exception in section 6(3) remains relevant.

Under section 7(3) IO, a case concerning a claim that must be filed cannot resume before the examination hearing has concluded. Whether these rules apply to a particular damages action depends on the claim, the parties and the relief sought. Start by checking the opening order, court number and procedural status.

Section 102 IO requires an insolvency claim to be filed even when litigation about it is already pending. A civil action against the operator does not complete this separate step. First establish whether the particular claim is an insolvency claim.

Section 103 IO requires the amount, the facts supporting the claim, its asserted rank and the evidence. If an action is pending, include the court and case number. Set out each head of damage clearly and keep the related medical reports, invoices, income records and correspondence together.

If the correctness or rank of a claim is disputed, section 110 IO provides for court determination where that form of proceedings is admissible. Under section 110(1), the action must be directed against all parties who disputed the claim. It is tied to what was filed and discussed at the examination hearing; its amount and legal basis cannot be expanded without limit.

Under section 110(4) IO, the insolvency court sets the deadline, which must be at least one month. Check the specific order for the starting point and exact expiry. Without it, an individual date cannot be stated.

Section 157 VersVG concerns liability insurance. After insolvency proceedings open against the policyholder, the injured third party may seek separate satisfaction of their claim against the policyholder from the policyholder's indemnity claim against the insurer. The starting point is the operator's claim against its insurer.

This provision does not, by itself, establish a general right to sue every liability insurer directly. Examine separately who is liable for the injury, who took out the policy and which statutory or contractual basis supports a demand for payment.

The special rules in sections 158b to 158i VersVG apply only where liability insurance is required by law. Under section 158c(1), the insurer's obligation towards the injured third party remains even if the insurer is wholly or partly released towards the policyholder. Under section 158c(2), an event causing the policy not to exist or to end takes effect against the third party only after one month has passed from the insurer's notice to the competent authority; that period does not start before the policy ends. Section 158c(3) limits liability to the officially fixed minimum insurance sums and the risk assumed. Under subsection (4), the insurer is not liable to the extent another liability insurer is liable to the policyholder. Subsection (5) does not create a direct right to sue under these rules.

Whether a particular ski-lift operation is subject to compulsory insurance must be established under the applicable legislation. The policy identifies the insured people and activities, period, risk, sum insured and exclusions. Without these records, neither confirmed cover nor a universal list of exclusions can be stated.

Keep the opening order and date, insolvency court details, the civil case number and any notice that proceedings have been interrupted. Itemise the claim and match each head of damage with medical, financial and other supporting records.

Also obtain the insurance policy, proof of insurance, the accident notice and every written coverage response. Have the basis of the claim, its asserted rank, the type of insurance and court-set deadlines reviewed against these documents. The court file, insolvency claim and insurer correspondence serve different purposes.