(Dagbladet): Earlier today wrote Dagbladet that an important prinsippdom Supreme Court means that insurance companies must pay NOK 500 million more a year after injury.
The Supreme Court ruled in large chamber today that a woman (27), which was 100 percent disabled after a traffic accident seven years ago, should have further 966,000 dollars in compensation than she has now been paid.
The woman called Annelin Kreutzer and both Injury Association LTN and law firm Ness Lundin gives her daddy, Espen Johnsen, the credit for all the country’s injured now will get a more accurate compensation.
Dad gets the credit
– Had it not been for his longstanding, tireless struggle, would this matter never ended up in the Supreme Court, said Deputy Secretary General Per Oretorp in Injury Association LTN which was approved party helps the family in the Supreme Court.
Espen Johnsen themselves must agree with this.
– Yes, I think it’s a little true. I’ve driven this matter against all the advice I have received. When your daughter is hit in this way puts you into the how compensation payments are calculated. I found a system failure and gave me not Johnsen says to Dagbladet.
Dattera Annelin was violently injured in traffic accident seven years ago.
– She can not take care of herself. Annelin does not eat, do not drink and do not communicate. I am eternally grateful for the staff in Tromsø municipality is responsible for her. She has so well she can have it. They do a fantastic job, says Johnsen.
When she was injured at age 20 had Annelin already a child of four years. Thus, grandfather and grandmother also mother and father.
– I share custody of 11-year old ex-wife, says Espen Johnsen.
Satte rate down
Supreme Court decided today how high the so-called capitalization rate should be, a rate that has remained at five percent since 1993.This interest has great significance for the size of compensation payments, and Injury Association LTN, which was approved party helps injured in Supreme Court has for years fought for it must be reduced, since they believe a capitalization rate of five percent did not give the injured the compensation they are entitled to.
In large chamber today came kingdom chief judges eleven in number, that it should be reduced from five to four percent.
The judgment will have enormous significance for a large number of casualties. Both insurers and adverse scheme has a large number of cases where final payment is on hold pending the Supreme Court decision. These will now receive payment of sometimes large sums.
500 million. Year
Finance Norway calculated in connection with the High Court ruling out how much a reduction of the capitalization rate to four percent would mean in increased premiums for insurance .
As a percentage, this increase is set to be 10.5 percent a year. In dollars and cents must insurers now expect to pay out about 500 million more a year in compensation payments.
– This is going to cost the state and insurance companies big money. We’ve got a long-awaited reduction of capitalization rate which will mean a lot for injured and who are entitled to compensation. Otherwise I noticed that the Supreme Court gave a clear signal to lawmakers that this really should have been their table. Parliament should have dealt with this. Capitalisation Renta should have been set as an administrative decision by the elected, says Oretorp in Injury Association LTN.
– Not full victory
There was consensus among Supreme Court judges that the overall capitalization rate shall be from five to four percent .
Other Justice, Supreme Court Justice Toril Marie Øie, however, believed that the capitalization rate for people who are under guardianship, such Annelin Kreutzer is, should be reduced to three percent, as these are not able to invest the amount of compensation and gain more return itself.
– A capitalization rate of four percent will provide systematic under compensation for this group, said Øie in court.
She was followed in this by three other Supreme Court judges, but it was not enough. Seven judges agreed that an interest rate of four percent is right also for this group.
– I have to agree with Judge Øie. Really should capitalization rate to be down to two percent of this group, in line with what the experts think. So this is not a complete victory, but something in between, says Espen Johnsen.
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