ECC 2126/2001

This case involved a claim for damages for an animal killed in a road traffic accident. The appealed ruling had not confirmed whether the insurance policy covered civil liability for the plaintiff's financial damages.

Background

An insured person filed a case before Tanta Court of First Instance against an insurance company requesting compensation for both physical and moral damage after his animal had died in a car accident insured by the company.

The Court of First Instance ruled the defendant should pay the plaintiff 14000 Egyptian Pounds, but both parties filed an appeal and the Appeal Court increased the amount of compensation to 16000 Egyptian Pounds and rejected the defendant's appeal.

Decision

The defendant filed an appeal in cassation on the ground that the appealed ruling violated the law and lacked substantiation because the obligatory insurance policy covered civil liability for death and physical injuries which had not been determined by the appealed ruling.

The cassation court stated the defendant's argument was well founded because the appealed ruling had not confirmed whether the insurance policy covered civil liability for the plaintiff's financial damage.

The Cassation Court repealed the appealed ruling.