BCC 197/2009

This case involved a claim for compensation from an insurance company for goods which had been burnt in a fire. The insurance company was wrong to order they were not liable because the fire had originally stated in a neighbouring property as the claimant had not caused the fire.

Background

A claimant filed a case against an insurance company and requested the court pay an amount of money and annual interest. The claimant stated his goods had been burnt in a store and that the goods were insured by the company.

The court rejected the case because an arbitration condition existed between the two parties.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the company should bear responsibility for compensation.

Decision

The insurance company appealed the ruling before the court of cassation. The court stated the company had no right to appeal the ruling and referred the case to the court of appeal. The court dismissed the appeal.