Question juridique clé
Whether the old Art. 44 para. 1 UVG/LAA privileged the vehicle owner's insurer from a direct damage claim by the insured claimant against persons listed in the provision.
Solution extraite
The provision created both a recourse privilege and a liability privilege, barring the claimant’s direct action unless the listed person acted intentionally or with gross negligence.
Motifs extraits
The Court confirmed its earlier case law that the norm interrupts the social-insurance subrogation mechanism for the protected circle of persons and excludes both insurer recourse and the injured party’s residual direct claim.