Traffic accidents

jurisdiction, law applicable and interest in case of insurer’s default

Abstract

In relation to a traffic accident in Morocco, the Spanish Supreme Court has recently had the opportunity to examine the construction and application of The Hague Convention on the law applicable to traffic accidents. Unlike the first and second instance courts, the Supreme Court has held that doubts concerning the law applicable to the liability arising out of a traffic accident does not prevent the insurer from going into arrears for the purposes of section 20 of the Spanish Insurance Contracts Act.