KCC 3560/2019

This case involved whether an insurance company should pay out insurance to cover compensation for a death that had occurred on road works. A key point was health and safety requirements had been breached by the company's employee and the insurance contract included a term about negligence.

Background

A contracting company filed a case against an insurance company before the court. The contracting company requested the court to order the insurance company to pay compensation of 78825 Dinars. The contracting company said that its employee had caused the death of a person while working on one the company’s projects and that this project was insured by the insurance company. The company said that a criminal ruling had been issued against the employee who caused the death.

The court dismissed the case.

The contracting company appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the insurance company should pay 32825 Dinars.