KCC 398/2002

This case involved a claim against an insurance company for compensation which had been paid to the heirs of a dead woman as part of a final settlement. The court had been wrong to ignore the fact the driver of the yacht had exceeded the speed limit and had a criminal ruling against him.

Background

A claimant filed a case against an insurance company and requested the court to order the company to pay an amount of money. The claimant stated he had paid the mentioned amounts to the heirs of a deceased woman and he had received a final settlement from them.

The court ruled the company should pay the claimant 14000 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 erred in the application of law and stated that the court had ruled that company should pay the value of compensation and had ignored that the claimant had violated the conditions of the insurance document.