Odgovornost za štetu nanesenu uporabom autodizalice : Osigurateljni aspekti : [prikaz presude]
Liability for damage caused by the use of car crane - insurance aspects : [case review]

Summary/Abstract: A car crane was used to transfer a motor yacht from land into the sea. The manoeuvre took place in the area envisaged for putting vessels into the sea. At the moment the yacht was lifted from the shore and put into the sea, a crane jib fell onto the yacht and destroyed it completely. The claimants (plaintiffs) filed a claim against the insurer on the bases of the motor liability compulsory insurance contract concluded by the owner of the car crane, which contract covers the owner's liability for damage to or loss of third parties' property caused by the motor vehicle. The insurance company is not liable for damage under the motor liability compulsory insurance contract, because at the time of the loss event the car crane was not driving on a public road or another area intended for traffic. The damage occurred through the use of the car crane as a tool machine, and the second defendant (car crane owner) had no insurance contract in place for the use of the car crane in question, which would cover liability for damage and/or loss occurring through the use of the car crane as a tool machine.

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