Legal matters NBI
Legislation NBI
The insurance institutions licensed to operate motor vehicle liability insurance in Switzerland jointly form and operate the National Bureau of Insurance. The NBI is an association and has its own legal personality. The basic provisions governing the organization, activities and financing of the NBI are contained in Art. 74 ff. of the Road Traffic Act (SVG) and Art. 39 ff. of the Traffic Insurance Ordinance (VVV).
The tasks of the National Bureau of Liechtenstein are fulfilled by the NBI.
The statutory duties of the NBI consist of covering accidents caused by foreign motor vehicles and trailers in Switzerland and Liechtenstein. It is a prerequisite that there is an insurance obligation for such vehicles under the SVG (Art. 74 para. 2 lit. a SVG).
In addition, the NBI operates the National Information Center and coordinates the conclusion of border insurance policies. Motor vehicles entering Switzerland and Liechtenstein that do not have the required insurance cover must take out such insurance (Art. 74 para. 2 lit. c SVG).
Managing insurer and registered office
The NBI may entrust its members or third parties with the fulfillment of the tasks incumbent upon it and appoint a managing insurer. Since the NBI was founded, the operational tasks of the association have been carried out by Zurich Insurance Company Ltd.
Managing insurer and registered office
The NBI may entrust its members or third parties with the fulfillment of the tasks incumbent upon it and appoint a managing insurer. Since the NBI was founded, the operational tasks of the association have been carried out by Zurich Insurance Company Ltd.
The NBI is headquartered at the managing insurer Zurich Insurance Company Ltd in Zurich. It has branch offices in Lugano and Lausanne.
Articles of Association
The composition, duties and powers of the bodies of the Swiss National Bureau of Insurance are set out in the NBI Articles of Association. The bodies are the General Meeting of Members, the Executive Committee and the Auditors. The auditors are elected by the General Meeting of Members for a period of one year. Auditors who are supervised in accordance with the provisions of the Auditor Supervision Act (RAG) may be elected as auditors.
Art. 1 para. 1 of the NBI Articles of Association stipulates that the NBI shall take the legal form of an association in accordance with Art. 60 et seq. of the Swiss Civil Code (ZGB).
According to Art. 60 para. 2 of the Swiss Civil Code, the Articles of Association must be drawn up in writing and provide information about the purpose of the association, its resources and its organization. Art. 55 para. 1 of the Traffic Insurance Ordinance (VVV) stipulates that the NBI’s Articles of Association and any amendments thereto must be approved by the NBI’s supervisory authority, the Federal Roads Office (FEDRO).
The Articles of Association of the Swiss National Bureau of Insurance (NBI) have been in force since August 28, 2003 and were revised on May 20, 2022:
Authorities
The Swiss National Bureau of Insurance (NBI) is subject to the supervision of the Federal Roads Office FEDRO (Art. 76b para. 2 of the Road Traffic Act SVG).
The National Bureau of Insurance of the Principality of Liechtenstein, whose tasks are carried out by the Swiss National Bureau of Insurance, is subject to the supervision of the government (Art. 72b para. 2 SVG-FL).
The contributions of motor vehicle owners determined by the NBI to cover its expenses are subject to approval by the Swiss Financial Market Supervisory Authority FINMA (Art. 76a para. 2 SVG) and the Government of the Principality of Liechtenstein (Art. 72a para. 2 SVG-FL).
Passive legitimation
The NBI (Art. 76b para. 1 SVG) has the right of standing in a lawsuit to assert a claim arising from a traffic accident (Art. 74 para. 2 lit. a SVG). An action must be brought against the NBI and not against its representative. Representatives of the NBI are, for example, Zurich Insurance Company Ltd, another member company or a claims settlement company.
Pursuant to Art. 38 of the Code of Civil Procedure (CPC), the following courts have jurisdiction:
- Court at the place of the accident
- Court at the domicile or registered office of the defendant
- Court at the location of a branch of the NBI
For persons domiciled in Liechtenstein, in addition to the court at the place of the accident, the courts at the Liechtenstein domicile of the plaintiff and at the registered office or location of a branch of the NBI also have jurisdiction.