MC CLUBS WINS AGAINST THE INSURANCE COMPANY IF
IF WOULD THROW OUT HELLS ANGELS MC BERGEN, TWIN EAGLES HD MC FARSUND AND THE ASSOCIATION OLD HOGS MOSS AS POLICYHOLDERS.
THE COURT'S VERDICT IN THE CASE AGAINST THE HELLS ANGELS: "Hells Angels is a legal association in Norway, and freedom of association and assembly is enshrined in the constitution. Thus, it cannot be assumed that the motorcycle club is a criminal association either"!
Ever since 2020, the insurance company IF has worked to get Hells Angels MC Bergen, as well as Twin Eagles HD MC in Farsund and the Old Hogs Association outside Moss thrown out of the customer register. The insurance agreements concerned the insurance of three club premises; in Farsund, outside Moss and insurance of the Hells Angels club premises in Bergen.
However, denying a customer insurance is not something the companies have access to without further ado. IF based the request on the fact that: "IF's basic policy is that we do not offer insurance where we have reason to believe that the policyholder/insured is to a greater or lesser extent involved in organized crime".
Now the insurance company IF has lost in two courts, the District Court and the Court of Appeal in all three cases mentioned above. The Gulating Court of Appeal last ruled, in the case against Hells Angels MC Bergen (October 2023), that "Hells Angels is a legal association in Norway, and that the freedom of association and assembly is enshrined in the constitution. Therefore, it cannot be assumed that the motorcycle club is a criminal association."
IF was thus sentenced to pay a total of NOK 178,000 in court costs in the case against the Hells Angels after losing two court rounds, likewise IF was ordered to pay court costs in two court rounds against Twin Eagles HD MC in Farsund and the Old Hogs association outside Moss. "If has not brought any evidence that these are criminal clubs or criminal members. They have not made up for that. And there is also no reasonable or factual reason for the insurance company to terminate the insurance relationship", the lawyers have stated to the media.
The MC clubs therefore went to court to have IF's decision declared illegal, and with great success. Neither the Financial Appeal Board, the District Court nor the Court of Appeal has ruled in favor of the company. IF reports that they are now taking the cases to the Supreme Court. IF believes that the Court of Appeal's application of law relating to Section 3-5, subsection 2 of the Insurance Contracts Act is wrong.
Can an insurance company deny these customers insurance? No, according to both the District Court and the Court of Appeal (in all three cases mentioned above), and now the case against Hells Angeles MC Bergen is coming before the Supreme Court. The cases against Twin Eagles HD MC and Foreningen Old Hogs (which IF has also lost in the District Court and Court of Appeal), have been appealed to the Supreme Court, but put on hold, because the case against Hells Angeles MC Bergen is prioritized.
Payback Norway has been involved in all three cases, especially those against Twin Eagles HD MC in Farsund and the Old Hogs association outside Moss, which Payback has coordinated via Elden Advokatfirma, where Attorney Heidi Reisvang has led the cases against IF.
