KCC 859/2001
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, General Tort, Negligence, General Insurance Law
Copyright
LexisNexis
Decision date
18 Jan 2003
Catchwords
Employer’s Liability – Tort – Fire – Negligence – Insurance
This case involved a claim by an insurance company which had had to pay compensation to the owner of a store which had been damaged in a fire. The court concluded there was no relationship between the individual who had caused the firm and the defendant company and they had no authority over him so were not liable to pay the damages.
Background
A company filed a case against a company and another defendant and requested the court to order them to pay 5001 Dinars and legal interest. The company stated the defendant, who belonged to the company, had caused a fire which damaged a store which was insured by it. The company stated it had already paid the compensation to the third party.
The court ruled the company should pay the company 5001 Dinars and 7% annual interest.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendant company appealed the ruling before the court of cassation.
The court of cassation repealed the ruling and referred the case to investigation.