KCC 793/2012

This case involved whether compensation due under an insurance policy for an injured worker could be with held from the company because they had failed to follow safety standards at the workplace.

Background

The documents of the case revealed that the court concluded that the company should not be compensated for a work injury of one of the employees.

Decision

The court said that the court established its ruling on the grounds the company had failed to commit to the insurance contract by failing to maintain the safety standards at the work location. The court said that Article 9 of the insurance contract stipulated that the company would not be compensated for the incidents which happened at the work location if it failed to maintain safety standards. The court said that the company's defence that the insurance contract was invalid was irrelevant. The court said that the court established its ruling on the grounds of solid evidence.

The court dismissed the appeal.