Kernrechtsfrage
Whether the claimant was the holder or co-holder of the BMW under Art. 58 SVG, excluding the insurer's liability
Extrahierter Entscheid
The claimant was not shown to be the holder or co-holder; the insurer remained liable in principle.
Extrahierte Begründung
Holder status depends on actual control, use on one's own account and risk, not on ownership or formal registration. The insurer failed to prove that the claimant bore operating costs or had equal free disposal over the car; the evidence rather showed the claimant's partner had priority and decision-making power over use.