BCC 397/2006

This case involved an insurance contract which had been signed with a number of insurance companies and after a fire occurred one of them refused to pay their share. They stated there had been an overpayment of the amount due because of violation of the insurance contract so they were not due to pay the amount. This could not be claimed without appropriate evidence.

Background

A company filed a case against an insurance company before the court requesting the company pay 35603 Dinars and interest. The company said that it signed a contract with some insurance companies including the defendant to make a settlement for claims which had resulted from the insurance certificate for fire which was issued by the company for commercial shops at a value of 892000 Dinars. The company said that the share of the insurance company in the value of claims was 10%. The company said that the shops were damaged due to a fire and it paid, along with other insurance companies, the value of its obligation. The company said that the insurance company failed to pay its share.

The court dismissed the case.