KCC 410/2000

This case involved a claim by a claimant for compensation for damage to a project under an insurance agreement. The court had been wrong to ignore the fact that according to the contract the claimant was expected to pay 20% of the compensation amount.

Background

A claimant filed a case against an insurance company and requested the court to order the company to pay him compensation for the damage to his project.

The court ruled the insurance company should pay the claimant 12492.735 Dinars.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had insufficient evidence of causation because the court had ignored its defence that the claimant should bear the responsibility for paying 20% of the value of the compensation according to the conditions in the insurance document.

The court stated this argument was valid because the court had ignored the company defence that the claimant was obliged according to the conditions of the contract to pay 20% of the value of compensation.

The court repealed the ruling.