KCC 1271/2004

A case involved whether two insurance companies were due a company a compensation amount it had paid to one if its employees who had been injured in the course of his employment.

Background

A company filed a case against two companies requesting that the court order them to pay an amount of money plus legal interest. The company stated that it had signed a contract with the two companies to insure its employees and one of them had been injured in an accident and it had paid him compensation.

The court ruled that the first company pay 12635.76 Dinars and rejected the case against the second company.

The claimant and the first company appealed and the appeal court ruled that the two companies pay the claimant 38609.266 Dinars.

The second company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had insufficient evidence of causation as the court had ruled that it should pay the mentioned amount in violation to the insurance contract.

The court held that this argument was valid as the medical status of the employee was not included in the insurance contract.

The court therefore repealed the ruling.