DCC 326/1998

This case involved a claim against an insurance company ordering it to pay an amount plus interest as compensation for injuries sustained from a collision with a vehicle covered by an insurance policy issued by the defendant.

Background

A claim was brought against an insurance company ordering it to pay an amount plus interest. The claimant stated that the amount was for compensation for injuries sustained from a collision with a vehicle covered by an insurance policy issued by the defendant. The driver of the vehicle had been criminally convicted so the claimant brought a claim. The first instance court rejected the claim, and the appeal court also rejected the claim. The claimant appealed by cassation arguing that the judgements were based on it not reporting the accident to the defendant, but this was for the insured to do, not it as the injured party.

Decision