Compensation for two warehouse fire
An insurance company is required to pay 5 million dirhams to an institution
The Federal Supreme Court overturned a ruling requiring an insurance company to compensate a commercial enterprise with an amount of five million dirhams, after a fire broke out in two insured warehouses with the first.
The court decided to refer the case to the Court of Appeal for further consideration, in light of the non-response of the judgment to the defendant's defense that the fire was deliberate by the plaintiff.
In details, an institution filed a commercial case against an insurance company demanding the ruling obliging it to pay it an amount of 10 million and 813 thousand and 810 dirhams, and its interest is 12% annually from the date of the claim until full payment.
She said that she contracted with the defendant company to insure two warehouses, and paid the installments due on them, and a fire broke out in them, which led to the burning of their assets and assets, and caused them damages equal to the claimed amount.
The court appointed an account expert and another specialist in fire. After each of them submitted his report, the court of first instance ordered the defendant insurance company to pay the plaintiff five million and 326 thousand and 709 dirhams, and his interest is 5% annually from the date of the claim until full payment, and the Court of Appeal confirmed it .
The plaintiff and the defendant did not accept this ruling, so they contested it before the Federal Supreme Court.
The defense of the insurance company said: “The verdict violated the law and was wrong in its application, because its defense was conducted before the trial court that the fire accident did not include insurance coverage for intentional fire and its fabrication by the plaintiff, and its breach of the terms of the insurance policy. "Heat rapid, direct flame with the contents of the plaintiff's two warehouses, after using gasoline, and in this case it starts in the form of direct flames."
The defense added that it emerged from the prosecution's investigations that there was no trace of breaking the doors of the two warehouses, and that the plaintiff was the one who kept their keys, which indicates that she was the one who intentionally set up the fire, and this confirms that the plaintiff had requested three months before the accident to obtain an insurance supplement that includes her civil liability towards Others, and that their financial situation was poor, and that the witness decided in the investigations of the prosecution that the fire extinguishing system on the ceiling of the store was not working, and no maintenance was carried out for it, but the contested judgment rejected her defense in this regard.
The Federal Supreme Court upheld the defendant's appeal, indicating that the provisions of the Civil Transactions Law indicate that the insured is responsible for fire damage caused by the fault of the insured or the beneficiary, even if it was a serious mistake or caused by the insured's subordinates, regardless of their type of error, and who is responsible Likewise, for the damages caused by the fire, even if the fire resulted from a defect in the thing insured, but the liability of the insured is waived, and he is not responsible for the damages resulting from the fire that the insured or the beneficiary caused or caused intentionally or fraud
It indicated that the appealed judgment supporting the judgment of the first instance concluded that the defendant company was obligated to compensate the plaintiff for the damages resulting from the fire in dispute, and it responded to the defendant’s defense by saying that what it decided does not prove that the plaintiff was the one who caused the fire, and did not provide evidence. Accordingly, what the defendant decides is nothing but a sent statement that is not supported by evidence, in addition to the fact that the Public Prosecution decided that there is no reason to file a lawsuit because the perpetrator is not known, and there is no evidence to prove the cancellation of this order.
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