Judicial principles and studies
Limitation of Actions in Torts versus Insurance-Contract Limitation and Compensation
When a compensation claim arises from a tort rather than an insurance contract, the insurance-contract limitation does not apply to the injured claimant; instead the tort limitation applies and starts from the date the injury stabilizes as shown by the final medical report.
Compensation and insurance
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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When a compensation claim arises from a tort rather than an insurance contract, the insurance-contract limitation does not apply to the injured claimant; instead the tort limitation applies and starts from the date the injury stabilizes as shown by the final medical report.
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Subject
The study examines which limitation rule governs when a claimant seeks compensation for harm caused by a wrongful act but is not a party to the insurance contract that contains a contractual limitation period.
Summary
Where the claimed right arises from a tort, the contractual limitation period set out for insurance contracts (Article 932) does not apply to the injured claimant because they are not a party to that contract. Instead, the limitation regime for torts under Article 272 applies, and the limitation period begins when the injured person's medical condition stabilizes—i.e., upon issuance of the final medical report that allows the damage to be assessed definitively—consistent with court decision number (66 /2003). This is an educational summary only and does not constitute judicial text or legal advice.
Practical significance
Practically, the start of the limitation period for compensation claims based on wrongful acts is the date the injury stabilizes as evidenced by the final medical report, not the accident date; consequently, the contractual limitation in an insurance policy does not bar the injured non‑party from pursuing a tort claim.
Frequently asked questions
Subject?
The study examines which limitation rule governs when a claimant seeks compensation for harm caused by a wrongful act but is not a party to the insurance contract that contains a contractual limitation period.
Summary?
Where the claimed right arises from a tort, the contractual limitation period set out for insurance contracts (Article 932) does not apply to the injured claimant because they are not a party to that contract. Instead, the limitation regime for torts under Article 272 applies, and the limitation period begins when the injured person's medical condition stabilizes—i.e., upon issuance of the final medical report that allows the damage to be assessed definitively—consistent with court decision number (66 /2003). This is an educational summary only and does not constitute judicial text or legal advice.
Practical significance?
Practically, the start of the limitation period for compensation claims based on wrongful acts is the date the injury stabilizes as evidenced by the final medical report, not the accident date; consequently, the contractual limitation in an insurance policy does not bar the injured non‑party from pursuing a tort claim.
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