ECC 2805/2001

The initial dispute involved a claim for compensation from an insurance company following a road accident. The key issue was the correct notification procedures had not been followed as a company branch not headquarters had been informed of the case.

Background

An injured person filed a case before the Court of First Instance against an insurance company requesting moral and physical compensation of 500,000 Egyptian Pounds after he had been injured with his son in a car accident. The Court ruled that the insurance company should pay the plaintiff a sum of 35.000 Egyptian Pounds. Both the plaintiff and the defendant filed an appeal, but the appealed judgment was confirmed by the Appeal Court.

Decision

The Insurance Company filed an appeal in cassation on the ground that the contested judgment lacked evidence, violated the law and had erred in its application because the plaintiff informed the company of the initiatory pleading declaration by sending them to the company's secondary premises in Alexandria of their main premises in Cairo. However, the Court had rejected this argument.