Background

A claimant filed a case against an insurance company and requested the court to order the company to pay him 5001 Dinars as compensation for injury which had resulted from a car accident.

The court ruled the insurance company should pay the claimant 5001 Dinars.

The insurance 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 erred in the application of law and said it had maintained before the court that the case should be dismissed due to the statute of limitations.

The court stated this argument was valid because Article 807 of the Civil Law stipulated that the cases which result from disputes over insurance contracts should be dismissed if three years have passed since the date of the accident.

The court repealed the ruling.