By Miryam LASSALLE, Counsel, NautaDutilh
Nemo auditur propriam turpitudinem allegans – in what way can parties invoke their own misconducts to claim rights?
Under Luxembourg insurance contract law, loss resulting from the misconduct of policyholders or insureds is insurable; Article 14(2) of the Insurance Contract Act(1) states that an insurer will cover even gross misconduct unless the contract provides otherwise.
Misconducts’ insurance
Misconducts’ insurance is a fundamental principle under Luxembourg insurance contract law and has proven to be an effective method of risk management with respect to professional liability incurred by companies and their executives.
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