BCC 211/2007

This case involved a claim by a bus company that an insurance company should have to pay it for money it had had to pay out in compensation for passengers who had died. The insurance company tried to wrongly claim there was a condition this claim had to be made within a set time in the insurance contract when this did not exist in the contract.

Background

A company filed a case against insurance company before the civil court requesting the company to pay amount of money and interest. The company said that it insured its busses with the insurance company and four passengers had died in accident. The company said that the heirs of the deceased passenger had filed a case to request compensation.

The court refused to consider the case due to the existence of an arbitration condition.

The company appealed the ruling before the court of appeal. The court dismissed the appealed ruling and referred the case to the initial court. The initial court refused to consider the case due to the statute of limitation.