In a recent case the Insurance Complaints Board stated that pharmaceutical injury insurance is not in the public domain. The board’s understanding was that an insured usually becomes aware of such insurance from a doctor after injury has occurred, and hence awareness must be judged on a case-by-case basis. The board found that the insurer was not entitled to rely on its insurance conditions and the claim was not time barred.
Partner Matti Komonen from Hammarström Puhakka Partners, Attorneys Ltd, has written an update on this matter. The update titled “Pharmaceutical injury insurance and time-bar clauses” has been published in the International Law Office’s newsletter.