KCC 2146/2016
This case involved a claim by an insurance company which had had to pay for damage of an insured shipment that another company had caused the damage.
Background
An insurance company filed a case against a company before the court. The company requested the court to order the other company to pay 26270 Dinars and interest. The insurance company said that the other company had caused damage to a shipment of raw materials and that the shipment was insured by them at the time.
The court dismissed the case.
The insurance company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The insurance company appealed the ruling before the court of cassation. The company said in its grounds of appeal that the ruling had erred in the application of law and had violated the right of defence. The company said that they had maintained before the court that the other company was responsible for damaging the shipment and provided the relevant documents to prove this claim but the court had dismissed this defence.