BCC 454/2009
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Terms, Civil Evidence, Agriculture, General Insurance Law
Copyright
LexisNexis
Decision date
4 Oct 2009
Catchwords
Insurance – Contract – Terms – Evidence – Expert – Court – Agriculture
This case involved an insurance claim made by a farm owner after the farm was damaged by winds. The key issue was whether the winds had been classed of strong. The insurance agreement had included a classification for a strong wind but the meteorological authority in Bahrain classed the wind as active not strong.
Background
A claimant (appellant) brought a claim against the defendant (appellee) before the Civil Court. The claimant asked the court to appoint an expert to measure and estimate the damage that had been caused to his farm and assess repair costs and then oblige the defendant to pay the sum of money. The claimant stated he owned a chicken farm and he had insured it with the defendant. The claimant stated strong winds had hit the region and damaged the farm forcing him to repair it. When he had asked the defendant to repay the repair costs, the defendant had refused and refrained from performing its obligations as an insurance company.
Decision