KCC 100/2011
Background
An employee filed a case against a company requesting that the court order the company to pay him compensation for an injury sustained during the course of his employment.
The company added an insurance company to the case requesting that the court order it to pay the compensation amounts.
The court ruled that the company pay the employee 14319.230 Dinars and that the insurance company pay the company this amount.
The insurance company appealed and the appeal court abandoned the ruling regards the insurance company.
The company appealed by cassation.
Decision
Before the cassation court the company argued that the ruling had erred in the application of law and had insufficient evidence of causation as the court had established its ruling on the employee's disability resulting from an occupational disease and thus should not be covered by insurance, however, the insurance contract stipulated that occupational diseases should be covered.
The court held that this argument was valid and repealed the ruling.