Section 869. The
term "casualty" in this section means any damage whatsoever which may
be estimated as income.
Section 870. If
two or more insurance contracts are entered together for the same casualty. And
the total amount of insurance that flooded the amount of real damage. He said
that beneficiaries prefer to receive compensation only the actual amount of
damage. Each insurer must spend a real amount of money divided by the much less
insured.
The insurance contract. If the
same day You have to be done simultaneously.
If the insurance contract is
two or more consecutive sequences. The first insurer will be liable for the
first. If and the amount of money the first insurer has used it is not worth
the cost. The next insurer will be liable for the missing part until the next.
Section 871
if the insurance contract is two or more simultaneously. Or sequential order.
You are willing to waive the right to the insurer. Not wound up the rights and
obligations of other insurers.
Section 872. The
insured will terminate the contract. But insurers like to get a half premium.
Section 873
if during the term of the insurance. Insurance is reduced to heavy. He said
that the insurer would like to reduce the amount of insurance. And reduce the
amount of premiums.
Reduce the amount of
insurance. As a result, in the future.
Section 874
if the parties have set the price of insurance. Insurers prefer to reduce the
amount of compensation. But when it proved that the price of insurance as
agreed, it is too high. And return the amount of premiums to both the interest.
Section 875. If
the object was insured. Change of the insured from the will. Or by the law. You
have the right to the insurance contract will be transferred.
If the contract is not
otherwise. When the Insured Person transfers the insured object and informs the
transfer to the insurer. You have the right in the insurance contract will be
transferred by the same. If in this transfer, the channel changed or increased
heavy weight. You that the insurance contract becomes void.
Section 876. If
the insurer must declare bankrupt. The insured will call for a reasonable
insurance for themselves. Or will terminate the contract.
If the insured must declare
bankrupt. You should use this same method as it should. Nevertheless If the
premium has been sent in full amount to the insurance period is very low. You
do not allow the insurer to terminate the contract before that period.
Section 877
requires the insurer to take the following claims.
(1) for
the actual number of casualties
(2) for
the damage caused to the property which has been insured because it has been
reasonably managed to protect the property.
(3) for
all reasonable expenses incurred to preserve the insured property;
The real number. You have to
evaluate the price at the place and at the time that the accident was
occurring. You are presumed to be the correct estimate of the price, as such.
You are not allowed to charge
more than the amount insured.
Section 878. The
insurer must be the issuer.
Section 879. The
insurer shall not be liable for any damage or other cause as specified in the
contract, resulting from fraud. Or serious negligence of the insured or the
beneficiary.
The insurer shall not be
liable for any direct consequential loss, but shall be insured in the material
of the insured object. Unless otherwise agreed.
Section 880. If
an injury has occurred because of a third party act. The insurer has to use the
amount of compensation. The insurer inherits the rights of the insured and the beneficiary
to the third party.
If the insurer has used the
compensation, but only some. You do not allow the insurer to use their rights
to defame the rights of the insured. Or beneficiary In order to claim
compensation from a third party for a fraction of the amount.
Section 881
if the anger arises because the insurance is insured as insurance. When the
insured or beneficiary knows the anger. Notify the insurer without delay.
If the provisions referred to
in the preceding paragraph The insurer may claim compensation for any damage
that may occur. Unless the other party can prove that they can not do it.
Section 882
of the Claim. You are not allowed to file a lawsuit after two years from the
date of the disaster.
To call or to return the
premium. You may not file a lawsuit after two years from the date on which the
right to claim or reimburse the premium is due.
Judgment of the Supreme Court
8789/2559.
The defendant's 1 car crashed
into another car causing damage to another three cars, it is a direct result of
the negligence of the defendant, who was driving at high speed while drunk.
According to the insurance policy at the end of the insurance policy, Article 7
states that the insurance does not cover liability arising from 7.6. Clause 8,
paragraph two, states that the conditions of 7.6 companies shall not be taken
as a defense against third parties to refuse liability. When the plaintiff to
pay compensation to third parties under the terms of the insurance policy
Article 8, paragraph three, the plaintiff has the right to claim from the
insured.
The terms of the policy. The
insured person who is to be called back from the insurer means the insured
person who committed the offense to a third party. But at the moment of this
case, the defendant is not the insured. The plaintiff has no right to claim
compensation from the defendant, 2, although the defendant did not raise the
problem. But the problem is the law of public order. The Supreme Court deems it
appropriate to raise the matter under Section 142 (5)
Judgment of the Supreme Court
6914/2559.
When the defendant driving a
car that the plaintiff insured with the consent of the insured while drunk. And
then the car accident that the driver was damaged. As a defendant, the insured
caused damage to the property of third parties. According to the insurance
policy, the protection of third party liability Article 8 requires the
plaintiff as the recipient of the liability to third parties without the
possibility of exclusion of the exclusion of the protection of driving cases by
persons who have not had alcohol in the drive. More than 150 mg. To refuse the
indemnity And when the plaintiff indemnified the claim. The defendant has the
right to pay the plaintiff to pay back to the plaintiff in accordance with the
terms of the policy. Section 8, Clause 3, Third Party Liability. In such case,
the insurer shall pay the indemnity to the third party for return from the
insured under the insurance contract. Unlike the claim for compensation under
Section 882 paragraph one and the absence of specific law provisions. So it is
10 years under the Civil and Commercial Code, Section 193/30, when the
plaintiff sued the case within 10 years from the date the plaintiff indemnified
the plaintiff to a third party. Plaintiff's case is not terminated.
Judgment of the Supreme Court
6758/2559.
Even the plaintiff sued the
defendant both because of the cause of the truck driver and the son of the
plaintiff's cause for the death of the plaintiff. Claims by the plaintiff's
indemnity is the exercise as the insured. Both claim to the defendant as
compensation for the insurance of the victims of the car 2 years from the date
of the accident under Section 882 is not the case in the criminal case.
Judgment of the Supreme Court 732/2559.
Dispute Resolution No. 3, where both applicants request the claimant to pay the same
car. The claimant under the same policy. Cause the same case. The two
dissidents are equally wounded with the two opposing parties presenting the
dispute in accordance with the first and second plaintiffs. Therefore, the
third disputed claim is the only one claiming the indemnity to the claimant.
Two objections Therefore, it is against the Dispute Settlement No. 1 and No. 2.
The insurance company for the
passenger car insurance with the first claimant and the company is the second
insurance company, so the claimant is liable for the injury before the Civil
and Commercial Code, Section 870, paragraph three, when a
disaster. Beneficiaries like to receive compensation only a real amount of
damage. According to Section 870 paragraph one, although
the company will pay the primary damages to victims of the car accident
victims. Car 2835, but it appears that the two parties to
the compromise agreement with the MPs, it is not the company to compensate the
two defendants are cool. However, the two parties who are the beneficiaries of
the waiver of the rights of the insurer will not hurt the rights and
obligations of other insurers under Section 871 when the
arbitrator determines the actual damages to the person. Both parties pay 25,000 baht each, but the sole claimant must pay the claim by
the amount. Does not take into account that those two objections received
compensation from the company. And how many. The objections to the two will be
paid in excess of the actual amount. It is a violation of the law. Acceptance
or enforcement of the award will be contrary to public order or morality. The
court shall have the power to revoke the award. Arbitration Act, 2002,
Section 40, paragraph three (2) (b)
Judgment of the Supreme Court 13071/2558.
The plaintiff hired a car from
a finance company. The plaintiff has only the right to use and use in the car.
When the plaintiff sells a used car to the bank. The agreement to pay the
remaining hire purchase, the transfer of leasing rights by the finance company
A. Not agreed. It is the wrong transfer of lease. And no capital company. A.
The plaintiff is still liable to the capital company A. under the lease. And if
the lease payment is complete. The hire of the plaintiff under the Civil and
Commercial Code, Section 572, the plaintiff can transfer
the car to the registration of the car to the car under the lease is the only
possession of the plaintiff. The plaintiff is also a stakeholder in the leasing
car while the insurance contract. Insurance between the plaintiff and the
defendant is bound by law. When the car that the plaintiff's insurance against
the defendant lost. The plaintiff has the power to sue the defendant.
The car was leased without
locking the car. Then walk to smoke away from the car for about 20
minutes without seeing the car park. Car parked in a careless manner. And do
not care if the car accident or not. When the car is insured lost. The
circumstance is considered serious negligence of the car, which is the occupant
of the car leasing instead of the plaintiff. The defendant as the insurer is
not liable for the loss of hire-purchase cars that are guaranteed to the
plaintiff under Section 879 paragraph one.
Judgment of the Supreme Court 10260/2558.
The Act on the Protection of
the Victims of Vehicle, BE 2535 (1992), Section 4 requires medical treatment as a preliminary remedy. As part of
the compensation paid by the Civil and Commercial Code as provided for in
Section 25, paragraph two, and when the insurance company
paid the initial damages, how much. Section 31 stipulates
that it has recourse to third parties. Or from the owner of the car, the driver
in the car. Or victims If caused by the intention or negligence of such serious
negligence, Section 22 will not disqualify the plaintiff's
claim to claim additional compensation under the Civil and Commercial Code, but
it does not mean that the plaintiff's right to. Get paid to receive medical expenses
again. The plaintiff's money has already been received under the insurance
policy to protect victims from the car deducted from the medical expenses paid
by the plaintiff.
Judgment of the Supreme Court 2122/2559.
Get motorcycle insurance with
the plaintiff. It is insured. Section 7 obliges car owners
who use cars or cars to use to provide insurance for the victims. If the damage
to the victims of the car that the plaintiff insured. The plaintiff must pay
the victim to the initial completion within 7 days from
the receipt of the request without waiting for proof of the offense as provided
in Section 20 and 25 when the victim
was paid to the victim. How much The plaintiff has the right to recourse to the
third party who caused damage under Section 31, which is
the right to occur by the law. It is not the plaintiff's rights to the
plaintiff sued the plaintiff sued the plaintiff, the plaintiff did not take the
plaintiff to be entitled to the plaintiff under Section 880
because the victims are not insured by the original Act. Protection of car
accident victims, 1992, Section 31,
Second paragraph, as amended by Section 12 of the Act on
the Protection of the Victims of Motor Vehicles, BE 2535 (No.3), BE 2540 (1997). Act In the first year
after realizing. Those who are liable However, it must not exceed 5 years from the date of payment of compensation to the victims,
but later the Act on the Protection of the Victims of Car 1992 (No.
4) BE. 2007, Section 11,
which is in force at the time of the accident. Paragraph two of Section 31 of the Motor Vehicle Accident Act, BE 2535
as amended by The Act on the Protection of Motor Vehicle Accidents (No. 3), BE 2540 (1997), without any amendment,
shall be replaced with the following:
There is no law specifically
regulating the age of recruitment. It must be 10 years
old, according to Civil and Commercial Code, Section 193/30,
since the plaintiff paid the initial damage to the victims on November 6, 2009 until the plaintiff sued. It has
not expired for 10 years, the claim of the plaintiff is
not terminated.
Judgment of the Supreme Court 12849/2558.
The owner of the shopping mall
is to arrange a parking lot for the shop and the customers of the shop to park
the car while visiting the shop that rents the space in the shopping mall and
gives it to the company. The manager provides all utilities, including indoor
and outdoor security, with the benefit of revenue from the storage. The two
defendant and the defendant company is a subsidiary of the same company and the
purpose of commercial business is to benefit from the use of the shopping
center together with the defendant. The service fee for the utilities. The
company entered into a security contract with the defendant to arrange security
staff. The security of the shopping center building is therefore useful for the
use of the shopping center building. The defendant, the owner of the shopping
center building, has the security guard of the defendant, who will keep the
security of the shopping center building. The shopping center understands that
the second defendant assigned the defendant to represent the security of the
child. Repeat The circumstances of the company with the defendant 2, which together trade. It is considered that the company with
the defendant 2 together in the contract to hire a
defendant to secure the shopping center. When the plaintiff's insurance is lost
due to the negligence of the employee of the defendant, the two defendants must
be liable to pay compensation to the plaintiff's insurer.
Judgment of the Supreme Court 12622/2558.
The claimant is the insurer of
the defendant, an employee of the plaintiff, the employer during the
performance of the defendant to receive payment from the customer and then not
to send the plaintiff and not return the plaintiff. Terms of insurance
coverage. The applicant claims the plaintiff. The claimant can claim the
plaintiff's claim for damages from the two defendants (the defendant is a
guarantor of the liability of the defendant to the plaintiff) under Section 880 paragraph one and section. 226,
paragraph one, which refers to the right to file a lawsuit to the court by the
plaintiff, the plaintiff sued the insurer on behalf of the insured. It is not
the right of the insured to execute the case.
According to Civil Code Section
271, the enforcement of the case is the right of the
parties to win cases or creditors only. When there is no law, the insurer can
take over the rights of the insured. The third party is not entitled to enforce
the case under the judgment of the defendant.
Judgment of the Supreme Court 10461/2558.
When the plaintiff insured the
insured to the insurance. It enters the rights of the insured, the creditor,
and the right to use all the creditors in the debt. Including debt insurance on
behalf of their own under Section 226 and Section 880, meaning that the creditor is entitled. The franchisor is
always entitled to the same damage.
Judgment of the Supreme Court 11044/2558.
The couple will get that. The
contract between the company and the defendant is leased by the message
specified in the copy of the letter requesting the rental price and the receipt
of the lease. But the driver of the crane accident scene is the employee. The
defendant company controls the crane to lift the machine. The staff of the
company is the only one who determines the location of the machine. A. No
authority to determine how to use equipment or mold. The defendant is a
supplier of cranes. The contract between the company and the defendant is a
contract of employment under Section 587 because it
focuses on the success of the work is important. A lease agreement under
Section 537 of the defendant, including employees of the
defendant did not take care to check the cranes crane in the scene before being
used for employment. Cause the machine to swipe down, hit the ground was
damaged. As a consequence of the negligence of the defendant and the driver of
the defendant company. The defendant is liable to indemnify the company.
Judgment of the Supreme Court 10260/2558.
The Act on the Protection of
the Victims of Vehicle, BE 2535 (1992), Section 4 requires medical treatment as a preliminary remedy. As part of
the compensation paid by the Civil and Commercial Code as provided for in
Section 25, paragraph two, and when the insurance company
paid the initial damages, how much. Section 31 stipulates
that it has recourse to third parties. Or from the owner of the car, the driver
in the car. Or victims If caused by the intention or negligence of such serious
negligence, Section 22 will not disqualify the plaintiff's
claim to claim additional compensation under the Civil and Commercial Code, but
it does not mean that the plaintiff's right to. Get paid to receive medical
expenses again. The plaintiff's money has already been received under the
insurance policy to protect victims from the car deducted from the medical
expenses paid by the plaintiff.
Judgment of the Supreme Court 10154/2558.
The defendant in the hotel
business is obliged to keep the security of the property of the traveler or
guest if brought. The defendant's hotel has 48 rooms, with
one entrance and exit. There are two staff members. A. Serves as a security
guard and opens the guest room to the exit of the hotel. No car There is only a
guard. This shows that while the room is open, guests will have no security
guard or patrol. There is only one cashier at the check-in counter. It is
evident that such individuals can not maintain security for their customers. It
is only convenient to stay. Driving in and out of the hotel can be easily done
without a barrier, and the defendant does not provide any means of safeguarding
the villain in the guest room. Even the police sergeant and the r. Will only
lock the door knob without locking bolts and locked U-shaped device with the
device installed. It is not uncommon for people to stay. It can not be
considered a fault of the traveler or the guest. If the defendant's hotel has
adequate security. It is difficult for the villains to enter the customer's
room. Defendant is liable under Section 674 of the
plaintiff, the plaintiff to pay compensation to the beneficiary under the
insurance contract. The right to claim from the defendant.
Judgment of the Supreme Court 10008/2558.
Defendant 1,
the defendant's second child, the third driver of the car crashed at the
driver, who was insured with the plaintiff. Cause the car was damaged. The
investigating officer made a record in the daily report on the case that he was
not interested in claiming damages from the defendant, but either way, the
parties signed the evidence. The dispute is settled. A compromise agreement
under Section 850 as a result of the defendant has no
right to claim damages from the defendant to the plaintiff to compensate for
damage to the contract in the insurance policy. The contract in the insurance
policy is not limited to the defendant or the injured to enter into a
compromise agreement with the consent of the plaintiff. The plaintiff is not
entitled to the rights of the insured due to the suspended debt.
Judgment of the Supreme Court 4966/2558.
The plaintiff sued by the
defendant to the defendant to a third party under Section 880
paragraph one claims of the plaintiff, the insurer is equal to the claim of the
insured, the existing debt to the plaintiff. According to Section 226, paragraph one, so when the insured must file a defendant
within one year under Section 448 paragraph one, the
plaintiff must sue the defendant. In the period as well.
Judgment of the Supreme Court 4888/2558.
Defendant 1
is a violation of the plaintiff and the insured by the insurance contract with
the defendant to protect the third party liability, including damage to the
life, body or health and property of the Civil and Commercial Code, Section 887, paragraph one. That "insurance" is the insurance
contract, which the insurer agrees to use the insurance on behalf of the
insured. If a person is injured, he or she will be entitled to compensation
directly from the insurer. But such claims may be considered too much than the
amount of insurers will be required under the contract is not ... "means
that the injured person has the right to claim for the loss of his insured from
the insurer. Direct and indemnity is the responsibility of the insured. The
total amount of compensation received by the plaintiff and Section 877 states that "the insurer will need to take the
following claims: (1) for the actual amount of casualty
..." The word "accident occurred and the insured will be responsible.
"So that means When a disaster occurs. The insurer is liable for all
damages incurred for the actual amount of the death, but not exceeding the
amount specified in the Policy. The insured is responsible for all damages to
the plaintiff in accordance with Section 420 of Section 438. If the plaintiff and the defendant to a compromise
agreement to make the debt between the plaintiff and the defendant to a new
debt. Under the compromise agreement under Section 850 and
852 is between the plaintiff and the defendant, which is a
contract. When the second defendant is not a compromise contractor with the
plaintiff, the defendant is also liable under the existing insurance policy.
The plaintiff has the power to sue the defendant, the plaintiff should be
liable for damages to the rest.
Judgment of the Supreme Court 4075/2558.
Plaintiff's first handwriting
in the document, knowing what the text in the document means. When the text in
the document clearly states that the plaintiff's claim to waive the right to
claim the defendant's plaintiff, the plaintiff may be sued to the first
defendant, claiming that the defendant is not liable to the defendant, even if
the insurer in the motorcycle. The child of the first plaintiff is the driver,
the defendant is liable to the plaintiff in the first insurance policy. But
because the plaintiff has made a record of waiving the right to claim
compensation from the defendant and a compromise agreement with the violator,
the defendant is unable to access the rights of the insured under the Civil and
Commercial Code. Section 880 in recourse to the defendant 1 or plaintiff, the plaintiff has the right to sue the defendant
is liable for the second defendant.
Judgment of the Supreme Court 3568/2558.
The contract for the security
services between the employer and the group of contractors with the defendant
as a representative of Clause 9.1 specified that the
defendant is liable only if the employer is the property. It is the property
that the employer is responsible for the damage. But under the contract to hire
a wheelchair luggage between the employer and the company, the employer who
insured the plaintiff. The trolley is therefore not a property of the company
or property that the company is responsible for. The case does not meet the
conditions for the defendant to be liable.
Judgment of the Supreme Court 3397/2558.
This fact can be heard.
Defendant is a victim. The plaintiff as the insurer has paid compensation to
the insured. The plaintiff is entitled to the rights of the insured under
Section 880, the plaintiff has the power to sue the
defendant to indemnify the indemnity.
The compensation claim is only
an agreement between the insured and the defendant. Yes, the compromise
agreement to settle disputes between the plaintiff and the defendant. Even if
the debt is violated between the insured and the defendant will be suspended.
According to the records of the indemnity. But the plaintiff is not binding,
which is not the contract. The plaintiff is entitled to the rights of the
insured under Section 880 paragraph one, but the
plaintiff's rights equal to the rights of the existing insured by the debt to
the defendant under Section 226. Paragraph one
Judgment of the Supreme Court 2821/2558.
Non-life insurance is a contract
that the insurer agrees to use the insurance. Or use a certain amount in the
event of a disaster, if any. Or in any other future event as specified in the
contract. In this regard, another person agreed to send money, which is called
a premium, which under Section 869 provides a definition
of a disaster that includes any damage. Those are estimated to be as follows:
The plaintiff pays a premium to the defendant under the contract. The defendant
agreed to pay the premium. Defendant as the insurer will promise to use the
insurance or the amount of a case if the accident to the plaintiff's car
insurance. Except for liability insurance policy. According to the insurance
policy Article 2 on the damage or loss of cars in Article 2.1 In the case of lost cars will not determine that the car
lost due to fraud. The defendant must pay a claim. The insurance is responsible
for the loss or damage from any disaster. It is difficult to complete all
cases. Except for exceptions that are not responsible. The terms and conditions
of coverage under Clause 5 state that this insurance does
not cover the loss caused by theft. Or misappropriation The person assigned or
occupied the car under the lease. Or pledge agreement Or by the parties to the
contract mentioned above. The defendant petitioned that the car lost as a
result of fraud. In case of non-exclusion, the terms of liability and coverage
of such policy. When not in the liability exception. Other casualties, even if
not specified in the policy. Such as the loss of cars caused by fraud as the
defendant petitioned. The defendant, the insurer, is no longer covered by
liability insurance policy. This is not the defendant's complaint.
Terms and conditions of car
insurance. Section 4 General Provisions Article 4: Liability of the Company When a claim is denied, it shall be
determined when the claim is made to the Company and if the Company denied the
liability for any reason whatsoever, causing the Insured Person or the injured
party to take the case. Court If the court judges the company loses the case.
The company will be liable to the insured or the injured person. By
indemnifying the indemnity of the defendant in the event that the insurer
refuses to pay, the insured shall be liable to the third party and The insured
has paid the debt to a third party and will be entitled to interest under this
contract. The defendant petitioned. When the contract is a pre-determined
damage in the case of a breach of contract, which is a fine, the court may
reduce it as it deems appropriate. The plaintiff has the right to charge
interest from the date of default. Not to force the defendant to pay damages
beyond the liability of the defendant as the defendant. The Court of Appeal
ruled that the damages are pledged to the plaintiff's interest at the rate of 7.5 percent per year, the Supreme Court agreed in effect. The
Supreme Court did not hear the defendant.
Judgment of the Supreme Court 2460/2558.
The damage assessment of the
car is the cost of the insurance, which the plaintiff must pay the insurer. The
plaintiff as the recipient of the insured can not claim the money under Section
878
Judgment of the Supreme Court 16386/2557.
The plaintiff as the insurer
is obliged under the insurance contract to pay medical expenses to the
passenger car that the plaintiff's insurance. Then take the right of recourse
to recourse from the person responsible for the car collide. When the car
collided due to the negligence of the driver's car, the plaintiff's guarantee
and the defendant is not less than the defendant, the defendant is liable for
only half of the amount of medical expenses 50,000 baht.
The plaintiff's claims to the defendant to claim this part of the defendant
half of 25,000 baht in this case does not apply the
provisions of Section 442 to apply. Boise. But somehow
Judgment of the Supreme Court 15977/2557.
Claims of the plaintiff as a
car insurer damaged. To pay the claim to the beneficiary and to be the subject
of the rights of the insured in the amount of debt to third parties under
Section 880, Section 226, paragraph
one. To count the age of the plaintiff. Must be counted according to the
insured's rights. This case, when the insured's right to sue for one year from
the date of knowledge of the violation and aware of the need to use the
compensation under Section 448 paragraph one of the
plaintiff as the underwriter. It is the same as the insured must be sued within
1 year from the date the insured or the insured person
knows the violation and know the person who will need to take the same
compensation as well. Yes From the date the plaintiff is aware that the
claimant will not use. When was that? The plaintiff car driver. Which is the
representative of the insured was aware of the other driver on April 3, 2003, which is the date the investigator
appointed the driver of the insured to agree with the defendant and the date of
the driver. The insurer first encountered the plaintiff's accident
investigator, so when the plaintiff sued the case on December 8,
2005, more than a year after April 3,
254. 6, the plaintiff's case is terminated.
Judgment of the Supreme Court 13383-13386/2557.
The tenant fraudulently
deceived the defendant that the first delivery of the car to the tenant by the
false statement that the carrier engaged in transportation business with
importers and exporters. And want to rent a car from the defendant to use in
business. The defendant believes that it is true to deliver three cars to the
tenant, but the fact that the tenant did not intend to rent a car in any way.
Although it will pay some rent, but in order to make the defendant to believe and
to further fraudulent cars from the plaintiff as further contact. There is no
real car rental. Even later, the defendant will have a criminal case with the
authority to act on behalf of tenants in this matter. And the Prakhanong
District Court has a verdict of misdemeanor misdemeanor by the defendant to
join the plaintiff. But this case is not a civil case related to the above
criminal case. It is not in force. According to the PS. Section 46,
which must hold the facts in accordance with the judgment. Based on the facts,
according to the above evidence, it can be considered that the actions of the
lessee are fraudulent. The misdemeanor, as the two lower courts did not. When
the plaintiff can not track the car that is rented back, it can be considered
that the car has been lost because of the fraud. And when the insurance
contract is a contract that the insurer agrees to use the insurance. Or use a
certain amount in the event of a disaster, if any. Or in any other future event
as specified in the contract. In this regard, another person agrees to send
money, which is called a premium, which according to Section 869
has defined the term "disaster" means any damage. Those who will be
estimated as follows: the defendant, the insured to pay a premium to the defendant
under the contract. Defendant agreed to pay premium. Defendant jointly as the
insurer will promise to use the insurance or the amount of a case of casualty
if the car to the defendant, the insurance, unless the insurance policy except
for liability. Subject to the terms and conditions in Section 5,
this insurance does not cover the loss caused by theft. Or misappropriation The
person assigned or occupied the car under the lease. Hire Purchase Or pledge
agreement Or by the person who makes the above contract. But the lawsuit says
that all three cars lost due to fraud. In case of loss of or damage to a car in
Article 2.1, in case of lost car, it is not specified that
the car lost due to fault. fraudulent The defendant must pay a claim. It is the
responsibility of the insurer to take responsibility for the loss or damage of
any kind of disaster. It is difficult to complete all cases. Except for
exceptions that are not responsible. When not excluded as diagnosed. Other
casualties, even if not specified in the policy. For example, the loss of all
three cars caused by this fraudulent case. The co-defendant, the insurer, is no
longer covered by liability under the policy. The defendant is responsible for
compensation for the full amount of insurance. And under the terms and
conditions of the insurance policy, Clause 2, in which the
defendant stated that the defendant must transfer the car to the defendant
immediately, and the car protection is deemed to be terminated, so even after
the defendant that the first. I have to track down the lost one car, but the
defendant has a letter to the defendant called for compensation. If vehicles
lost three cars. And to pick up the car remains tracked back. The show that the
defendant has exercised the right under clause 2.1.2 under
the terms and coverage of the insurance policy waived the right to get a car.
The defendant must pay the compensation in this car to the defendant.
Even if the car is lost, the
hire contract between the plaintiff and the defendant to suspend the car from
the date of the Civil and Commercial Code, Section 567,
but it appears that the hire purchase agreement clause 6 and
clause 6.2.3. The hire purchase in the event that the
lease is lost. If the car is lost. The lease is terminated. And the plaintiff may
accept the termination of the contract immediately or at any time thereafter.
When the contract is terminated, the plaintiff must pay damages to the
plaintiff, including the damages that the parties agreed to calculate the
annuity and interest arrears. Overheads and total expenses of the plaintiff in
the search, retention, repairs, collection and settlement of damages, as agreed
by the parties, shall be calculated from all payments to be paid in the
remaining lease term. As well as other damages as the defendant will agree to
pay damages to the plaintiff in this case with the defendant is liable to the
plaintiff under the agreement. But the determination of liability for the
defendant does not pay debts in advance such an agreement. Have a look at penalties.
The court may consider a reasonable amount under the Civil and Commercial Code,
Section 383, paragraph one, the rent paid by the defendant
for each payment is not the only payment of the car. There are also
hire-purchase and value added taxes. After deducting hire purchase and VAT, the
rental fee has been paid. The two lower court to the defendants 1,
2 and 3 are jointly liable to the
plaintiff.
In this case, the court shall
review and adjudicate the four cases together. The case is from a car dispute 3 cars first defendant as a car insured. Defend the co-defendant
as the insurer liable under the contract of car loss. The second expression to
the fourth expression. The plaintiff as the above car hire to sue the three
defendants. As a hire-purchase and a guarantor, the liability under hire
purchase contract. And the Court of First Instance has summoned the defendant
to join the defendant in the second case to the fourth phrase. In the second
phrase, the fourth phrase. The court has the power to judge the defendant
jointly used the defendant's liability to the plaintiff in the second phrase to
the fourth phrase. Therefore, when the court has ruled in the first sentence,
the defendant jointly liable to defendant 1 to the
plaintiff in the second phrase. Fourth phrase For the benefit of the lawsuit,
the money that the defendant must pay to the first defendant in the first
phrase, which is more than already. To pay the plaintiff on behalf of the
defendant in the second phrase to the fourth phrase. How much to pay the
defendant to pay the defendant when the defendant must pay the defendant to pay
3,450,000 baht and the defendant must jointly with the
defendant 1 to 3 to pay the plaintiff
is 1,441,000 baht when deducted. The same as the diagnosis
above. The remaining compensation to the defendant must pay to the defendant 1 is 2,009,000 baht, the defendant to the
third to the plaintiff's liability to the defendant.
Judgment of the Supreme Court 7362/2557.
The car that the defendant
lost the insurance from the act of driving a car to park to the bathroom
without turning off the engine until someone took the car. Which does not
matter. Is it just negligence or negligence that is negligently negligent? It
is not the act of the insured or the beneficiary directly under the insurance
contract. Is not the defendant insurer is not liable under Section 879 paragraph one and when the beneficiary bank to use the
plaintiff to force the plaintiff to return or use the price of the car to pay
damages under the lease without it. The right to a beneficiary under the
insurance contract. The plaintiff is still damaged without compensation under
the insurance contract with the defendant as follows: The plaintiff as a party
to the defendant under the insurance contract will be sued to force the
defendant to pay compensation directly to the plaintiff claims on the insurance
contract.
Judgment of the Supreme Court 2418/2557.
Get the parking ticket from
the mall security officer and place the card at the console in the car. Even if
it is done without the care of keeping the parking card. The fact is that
before the purchase of the car had locked the car door without having plugged
the engine into the car. And parked car only 30 minutes,
which is not too soon. The facts can not be heard that the car that the
defendant has lost due to serious negligence. Defendant is liable to pay the
plaintiff under the insurance contract.
Judgment of the Supreme Court
588/2557.
The medical expenses of
666,385 baht paid by Thai Life Assurance Co., Ltd. and Muang Thai Life
Assurance Co., Ltd. paid to the plaintiffs in the amount of money the two
companies would use under the life insurance agreement between the two
companies and the plaintiff. The life or death of a person under Section 889,
although the plight of the plaintiff suffered from the violation of the second
defendant in the hiring of the defendant, the two insurers may be affected.
Claims for compensation from the defendants 1 and 2, which is liable to the
plaintiff. Because under the provisions on life insurance does not give the
insurer the right to claim as the case of non-life insurance under Section 880,
so even the plaintiff was paid medical expenses 666,385 baht from both
companies insurer. Then The plaintiff's claim to medical expenses on the defendant
No. 1 and No. 2 suspended.
Judgment of the Supreme Court
19985/2556.
Although the insurance policy
that the plaintiff issued to the insured will have only one plaintiff's
authorized signatory and the plaintiff's seal. It is not complete as stated in
the certificate. The case is between the plaintiff and the plaintiff when the
parties have complied with the policy. And the plaintiff, the insurer has paid
damages to the plaintiffs to complete the right. There are no arguments about
the insurance policy that has been made. So the plaintiff as the insurer. The
defendant was entitled to claim the right to claim the defendant in the
plaintiff to claim damages from the defendant and the defendant under Section
880 when the plaintiff took the right to sue the defendant. The law was signed
by the insurance policy. It does not make the defendant and the defendant
jointly free of liability.
Judgment of the Supreme Court
3724/2555.
The plaintiff insured the
goods from the insured by the sum insured higher than the price of goods,
including transportation and other expenses increased by 10 percent to 110
percent of the price of the goods. Even with the principle of marine insurance,
which results in the payment of insurance payments to the insured will be based
on the amount of insurance that the plaintiff insured. In such cases, it is the
insurance and the insurance claims to be insured by the insurer under the
insurance agreement between the plaintiff and the insured. The defendant is not
a party to the obligation or liability of the plaintiff under the insurance
contract. The defendant is the only carrier under the contract. If the goods
are damaged or lost in transit while the goods are in the care of the
defendant. The defendant is liable to the carrier or the consignee or the
person entitled to receive the goods under the bill of lading. The liability of
the transport contract. A. The plaintiff refers to the reason that the
defendant is liable to the company. A. The buyer and the goods from the
defendant, the carrier because of the negligence of the defendant caused damage
to the cargo and the company. plaintiff And the plaintiff has paid compensation
to the company A. the insured. The plaintiff took the rights of the company A.
to sue the defendant liability under the transport contract. The defendant as
the carrier is liable for damage as a result of the goods or goods that the
defendant received from the shipper damaged in accordance. Act of Carriage of
Sea 1991, Section 39, paragraph one, and when it is deemed that the goods are
fully damaged as the plaintiff claims. All products have CROR prices. The
seller has charged the transportation to Bangkok Port included into the price
already. It can be considered that the damage of the product is the only
number. When selling goods. Remaining of the actual goods. The plaintiff has
the right to claim the defendant.
Judgment of the Supreme Court
10624/2554.
The next insurer, the next,
the first insurer. The payer claims to the insured because they do not know
that the same injury has the same as the insurer. The case is to pay
compensation in spite of the fact that the petitioner has no obligation to pay
the Civil and Commercial Code, Section 870, paragraph three. It can be said
that the payment of the claimant. It is the benefit of the objection, which is
the body and must be the true purpose of the body. Or a presumptive wish
According to the application, it falls under the management of the work outside
the order, causing the debt binding the opponent to be liable for compensation
claims that the applicant has advanced to handle the objection to the Civil and
Commercial Code, Section 401.
The arbitration is ruling. It
does not appear that the first insurer, the first insurer, has used the claim.
Not worth the amount of disaster. The claimant, the next insurer, is not
waiting to pay for the missing part, but if it has paid to pay for damage to
it. The claimant must pay the insured to the insured without duty. Where there
is no law in this case, the claimant will demand that the person who objected
to the refund be paid. The payer is folded to the singer. And the decision to
lift the dispute of the petitioner. The arbitral award is unlawful and it is
the case that the acceptance or enforcement of the arbitral award will be
contrary to the public order or the good morals of the people, which the court
would like to revoke the arbitration. Arbitration Act, 1979, Section 40,
paragraph three (2) (b)
Judgment of the Supreme Court
536/2554.
Compromise under Section 850
is a contract where both parties settle a dispute that exists. Or will be up to
complete with the waivers to each other. But a copy of the daily report on the
case is just that. "Damages to this. The two parties agreed to each other
and will take care of themselves. "There is no evidence that the defendant
negotiated with the six-wheel truck driver that the plaintiff insured on the
payment of any damages. There is no legal compromise. The debt is not suspended
when the plaintiff as the insurer brought the six-wheeled car to repair it with
good condition. The plaintiff is entitled to the defendant's claims to the
defendant, who violated the damages to the plaintiff.
Judgment of the Supreme Court
374/2551.
Defendant 1 entered into a
contract with a second defendant to secure the inside and outside of the
building, including the parking lot of the third defendant, requiring theft
security. In practice, the first defendant will have regular staff at the
entrance to the parking lot to keep the ticket through the parking lot and the
car. Write a registration number before giving it to the car park. When driving
a car, the driver must return the parking ticket and pay the parking fee. A.
and the Insured brought the car to the plaintiff to the car parked in the
parking lot of the building and received the ticket through the parking lot of
employees. The first defendant, however, did not write a car registration
number, so the disputed car leader came out of the parking lot, where the
ticket through the parking lot and evidence of ownership of the car remained.
The Insured The insured lost his car caused by the negligence of the employees
of the defendant, who did not write the car registration number in the ticket
through the parking lot and did not check the main. Make sure that you have the
right one. To refrain from performing the duties specified on the back of the
parking pass, it is considered that the employee of the 1st defendant acts
negligently without any care in performing his duty as a cause for the loss of
the insured car. It can be assumed that the employee of the defendant committed
a violation of the employment of the defendant, so the defendant is liable for
damages to the plaintiff.
The conditions listed on the
back of the car park pass. The issuance of this card is not a car deposit, the
company will not be responsible for loss or damage to any car as a condition
that the defendant set up a defendant to be liable to the conditions set by the
defendant. one Does not affect the liability of the employee of the defendant,
so that the defendant to the second and third defendants liable for damages to
the plaintiff as a recipient of the right.
Judgment of the Supreme Court
298/2551.
Memorandum of agreement on the
defendant to commit a violation of misconduct. The driver of the car that the
plaintiff insured that the car will be. Damage to repair in good condition.
Although the defendant will be responsible for the costs of the injured. But
there is no agreement to waive the right to claim other damages to you. The car
has the right to claim from the defendant 1. The other agreement does not have
one of the existing dispute settlement. Or will be up to complete with the
waivers to each other. Is not a compromise agreement under the Civil and
Commercial Code, Section 850.
Defendant 1 driving a truck
accident to contact the business to the defendant, the second violation of the
defendant, so it is the offense of the defendant's second employment.
The plaintiff brought the car
to the scene to repair the car was in the original condition. And the plaintiff
issued a car insurance claim with the receipt and debt forgiveness. The insured
car accident scene to get paid. The plaintiff has paid the car repair fee to
the garage. The plaintiff is the recipient of the right to claim damages from
the two defendants.
Judgment of the Supreme Court
6012/2550.
Defendant 3 car insurance
accident scene from the defendant that the defendant will claim the third
defendant, which will be responsible for the third person. It is an insurance
under the Civil and Commercial Code, Section 887, paragraph one company has
hired a defendant to carry a cargo of the company, which was insured with the
plaintiff by the truck. Although the plaintiff is not a party to the third
defendant and the policy does not specify the plaintiff as the beneficiary
third defendant, the insurer shall be liable on behalf of the defendant, the
insured for the disaster to the company that the defendant will be insured. Be
responsible The plaintiff, who is the recipient of the right of the company. H
like to receive compensation from the third defendant directly under Section
887
Judgment of the Supreme Court
3665/2550.
Therefore, the defendant is
not obliged to maintain his car under the contract, the security staff of the
defendant does not supervise and have a child. Take your car away from the
allocated housing so it is not a breach of contract or violation of the
defendant is not liable to the contract and abuse. The plaintiff, the car
insurer's insurer, can not claim the right to claim the defendant's liability
if the car lost.
Judgment of the Supreme Court
824/2550.
The plaintiff sued the
defendant claim 1 by the debt of the car was plaintiff's car from the car park
in the defendant's first hotel and then stay in the hotel. Later, the car lost
a defendant in the title of the hotel was responsible for the loss of the Civil
and Commercial Code, Section 674, which is 6 months from the date the traveler
or the resident out of the place under Section 678. Even the plaintiff will
claim. Employee or agent of the defendant ignored the performance of the
contract and requested a refund of the car, but the plaintiff asked the defendant
to be liable only as the hotel. It is not a lawsuit on the one-year-old when
the car lost. On August 2, 1997, the plaintiff took the right of the insured
under Section 880 to claim for the loss of the plaintiff's car insurance from
the defendant. On 3 August 1998 exceeded the 6-month period from August 2,
1997, the date of departure from the hotel of the defendant, then lack of eyes.
the
Judgment of the Supreme Court
386/2550.
The plaintiff sued the
defendant 2 as a violation of the first defendant as an employer, the second
defendant is a violation of the employment. And the third defendant jointly
liable as the recipient of the indemnity liability of the defendant to the 1st
and the third defendant is different. For the defendants 1 and 2 are one year from
the date the injured know of the violation and realize the need to pay
compensation instead of the Civil and Commercial Code, Section 448, paragraph
one, the defendant is 2 years old. From the day of the death under Section 882
paragraph one, the age of the defendant, the first defendant 2 and the third
defendant can be separated under Section 295, the age of the offense or penalty
to the defendant. The age of 3 can not be raised under Article 448, paragraph
one more battle.
Judgment of the Supreme Court
1802/2549.
Insurance under the Civil and
Commercial Code, Section 887 is a non-life insurance. Section 3 of Section 2 of
the Age of Liability, the insured liability. Must comply with Section 882,
which is a general chapter in part 1 of the same category. The age specified by
the specific. It can not be compared to life insurance, which is provided in
another category and can not be taken. General age under Section 193/30 shall
apply to the case of insurance.
The claim to the insurance
claimant, the Civil and Commercial Code, Section 887, paragraph two states that
"the person who is injured, like to receive compensation as they should be
from. Direct insurer ... etc. "The plaintiff has the right to sue the
defendant 4, the liability of the defendant without the need to show the
intention to take advantage of the contract before the age of prosecution under
Section 882 paragraph one, which prohibits the lawsuit. Two years from the date
of the disaster. Especially since the date of the disaster. Can not apply the
general principle of age under Section 193/12 to apply to this case or be
interpreted otherwise, so when the plaintiff sued the case two years from the
date of the case of the plaintiff in the defendant. The 4th is out.
Judgment of the Supreme Court
3914/2548.
Although the plaintiff's case
was terminated in the claim for damages caused by the violation of the Civil
and Commercial Code, Section 448, first paragraph, but the defendant 1 to 3
lack of appointment to file a statement and absence of consideration. The Court
of Appeal 2 can not claim the age of the cause for dismissal of defendants 1 to
3 under Section 193/29, the plaintiff sued the plaintiff as a liability under
the provisions of Section 882 of the first paragraph. 2 years when the
plaintiff sued the defendant 4 within the age limit. The plaintiff sued the
defendant 4 is not terminated.
Judgment of the Supreme Court
8010/2548.
The plaintiff as the insurer
has paid for the car accident scene lost. To the insured. I get the right to
claim only. Can not claim the defendant returned the car accident to the
plaintiff.
Judgment of the Supreme Court
4731/2548.
The plaintiff, the insurer,
the damage of goods during transportation from Thailand. The Republic of
Vietnam is the employer and pay the check. Damage to the company that inspected
the damage directly. Such expenses are not the damage paid to the plaintiff. To
the insured. It does not appear that the plaintiff paid for the insured because
it took. Insurance has the duty or the need to pay this amount, so the
plaintiff has the right to claim damages only to subrogate the damages. Goods
that the plaintiff paid directly to the insured. There is no claim for damage
check.
Judgment of the Supreme Court
6519/2548.
The plaintiff is the insurer
of rice products from the company. When the disputed goods are damaged during
transportation. The plaintiff is obliged to pay compensation to the insured
under Section 877, which is a legal debt. And the result of the indemnity for
the plaintiff as the recipient. The right of the insured to claim damages from
the defendant. Dispatcher of rice dispute on behalf of the plaintiff itself
under Section 880 paragraph one, and the subrogation of the plaintiff's right
is caused by the power of law. Yes, the agreement of the parties in the
insurance contract. Although the document is sub-license, there is no director
authorized to act on behalf of the Company. It does not affect the right of the
plaintiff to terminate the right to terminate or terminate.
Judgment of the Supreme Court
4273/2548.
The plaintiff's car rental
accident caused by the down payment and payment of installments, the down
payment is part of the price of the car hire when the violation is causing the
car to fail, the plaintiff has the right to call. The price of the plaintiff's
car from the abuser and the defendant's second car accident victims. The first
cars will pay for the rest to those who purchase it. It is only a payment equal
to the rent that is absent, the plaintiff has the right to claim from the
infringer and the defendant, the insurer of the infringer only. The downside is
a direct damage in the result of the violation. The damage and violation of the
insurance contract. It is not a damage that is far more than the cause and not
a duplicate of the damages that the lender received from the company A. The
price of cars in each.
Judgment of the Supreme Court
4256/2548.
Defendant 1, an employee of
the defendant, driving the truck of the second defendant in the employment with
negligence. Caused the rear end of the truck of the plaintiff damaged 561,070
baht, and the property of the company that carried the truck with the
plaintiff's truck damaged 350,000 baht, the third defendant, the insurance of
the truck. Defendant 2 in the amount of not more than 500,000 baht has paid
compensation to the company 350,000 baht and the company, which is the insurer
of the car. The plaintiff has paid the repair of the money to 200,000 baht, and
although the third defendant with the company will have a mutual agreement that
if there is a car accident between the third defendant and the company as the
insurer. Each party will be responsible for repair and compensation for the
car. Insurance without compensation from the other party. But the agreement is
only binding on the parties, not affect the right. Claims caused by violation
of the insured, so that the company to compensate the plaintiff's claim is not
complete, even if the third defendant to pay compensation to the company
already, but when not yet full amount of funds to 150,000 baht According to the
plaintiff's defendant, the third defendant must be wrong with the first and
second defendant compensation to the plaintiff 150,000 baht, according to the
amount of money. With
Judgment of the Supreme Court
4045/2548.
Accused motorcycle driver
collided with a pickup truck that was insured with the plaintiff. Cause both
cars are damaged. According to daily reports on the lawsuit. In addition, the
investigating officer will make a record of the accused, the defendant is a
criminal case and a comparable fine. The criminal case is dissolved. The
investigator also made a note about the damages. The parties voluntarily agreed
by both parties not to plead for damages. Agreed to be satisfied, then the MP
and the defendant signed as evidence. The show that the MP and the defendant
agreed not to indulge in damages. The settlement of disputes to be completed by
the different waiver to each other with a different. Repair the damaged car.
This agreement is a compromise agreement under Section 850 of the Civil and
Commercial Code has no right to claim damages from the defendant. The
plaintiff, the car's insurer, will be entitled to the MPs only as the insured,
but the defendant will only record the agreement with the defendant without the
consent of the plaintiff. Damage case was a car accident defendant. I have the
right to settle the dispute with the defendant by the contract. Compromise does
not entice claim damages. To waive the right to claim compensation without the
consent of the plaintiff when the insured has no right to claim damages from
the defendant as the plaintiff may not be entitled to the rights of the
defendant to claim compensation from the defendant. The plaintiff insured the
damages to the Insured to comply with the terms of the plaintiff's policy to
the plaintiff only.
Judgment of the Supreme Court
4044/2548.
Defendant 1 is a forest
gardener does not have the duty to drive or power to use the car alone. I did
not appear that on the day of the case, the supervisor of the defendant assigned
or allowed the defendant to use the car 1, the defendant did not have the right
to take the truck accident scene of the defendant 2 out without permission from
the supervisor. Forests, which are the bosses of the villagers who are members
of the forest village. Non-worker or employee of the defendant 2 to seek help
from the defendant because of the diarrhea to the hospital, the defendant to
drive a car that is used in the business of the defendant to the second.
Without the permission of the supervisor, the car crashed. The plaintiff
insured was damaged. The defendant's first act by the personal court of the
defendant and the arbitrarily done outside the scope of the work of the
defendant is not in the employment of the defendant, the second defendant is
not liable. In violation of the defendant's claim to the plaintiff. When the
second defendant is not liable, then the third defendant, the insurer shall not
be liable.
Judgment of the Supreme Court
4712/2546.
According to the marine
insurance policy at and from Laem Chabang. Thailand to Ho Chi Minh in Vietnam.
The word at and from Laem Chabang is. As a result, the marine insurance policy
covers goods at the time of shipment. At Laem Chabang Port, while waiting for
cargo, the cargo was protected in the warehouse. Item 5 of the defendant at the
Laem Chabang port before the cargo into the boat. When the goods have been lost
while in the warehouse of the defendant, plaintiff 5, the plaintiff, the goods,
which paid compensation for lost goods. To the consignee according to the
commitment in the marine insurance policy. Get the right to recuse the damages
from the defendant at the 5th and 6 defendants as the defendant's fourth
defendant to the defendant.
Judgment of the Supreme Court 204/2545.
The f. Takes the defendant's
car at the scene of the accident and then not returned within the time to
borrow the defendant used to assume that the car was leased. The action of f.
Fraud or misappropriation of property that the defendant will be required to
notify the plaintiff without delay, but the defendant has just returned to the
notice after the car was used for up to 6 months. May
cause damage to the defendant, a 3-car insurers such. Hold
it not that the defendant. 1 has complied with the terms
and conditions of the insurance policy provided to the insured. To notify the
police without delay, the defendant claims that the defendant did not claim
compensation for the beneficiary.
Judgment of the Supreme Court 2667/2544.
Both plaintiff and the
plaintiff sued the plaintiff. The defendant pledged to the plaintiff's truck,
the plaintiff's first defendant to the defendant to the car to the plaintiff's
truck, the defendant shall be liable for damages to plaintiffs 1,
the plaintiff and the plaintiff. The second is a third party. Both plaintiffs
have sent a copy of the insurance policy, which is considered part. One of the
indictments The defendant will use the plaintiff's claim that the defendant
will be liable for damage to property of third parties on behalf of the
plaintiff. The condition of the plaintiff in the case of the plaintiff is that
the defendant does not comply with the provisions of the insurance policy to
pay compensation. The plaintiff is a third person on behalf of the plaintiff,
the first claim is based on the defendant. The plaintiff's insurance to the
defendant hit the truck of the plaintiff and the second defendant to force the
defendant to pay for repairs to the plaintiff. The second plaintiff's plaintiff
sued the second paragraph of Section 172 of the Civil
Code. Sue
The plaintiff and the
plaintiff jointly sued the two defendants liable for damages to the plaintiff
in accordance with the two. Insurance that the plaintiff made to the defendant.
Both plaintiffs have a common interest in the merits of the case. Procedure
considered by the plaintiff is considered by the plaintiff as the second
plaintiff under Section 59 (1)
The word "garbage"
by the Royal Institute Dictionary 2525 meaning that.
"At the repair or repair of a car or boat." The plaintiff's first
pickup truck to paint it and sprayed to rust, so it is not to repair it.
Judgment of the Supreme Court 2658/2544.
The insurance policy states
that in the case of lost cars caused by theft. The plaintiff and defendant
plaintiff, the defendant will pay a compensation when the car was stolen by the
defendant, the defendant did not share with the defendant that the car will be
pledged to the casino in Klongton. When the defendant can not return the car.
It can be considered that the car was lost due to the burglary required. Of the
insurance policy. The defendant, the insurer, must pay compensation to the
plaintiff. The beneficiary of the insurance policy.
Judgment of the Supreme Court 6874/2543.
Although the insurance policy
will determine the conditions of liability for the plaintiff took. Insurance
notice in writing to the carrier within 3 days from the
date of delivery. But the plaintiff informed about the loss of goods delayed
several months due to the process. Check whether the item has been lost or not.
When checking that the goods have been lost, the plaintiff notified the carrier
and the defendant. Insurance The defendant never denied liability by claiming
that the plaintiff did not report the damage. Lost in the determination in any
way. Defendant will not pay for lost goods, just because the plaintiff has no
evidence. Lost product The defendant can not take over the rights of the
offender. From such a circumstance. The defendant did not meet the terms and
conditions of the insurance contract is. Essence for the plaintiff to comply.
Judgment of the Supreme Court 1950/2543.
The plaintiff brought the car
lost the insurance against the defendant, the company identified the capital A.
A contract for the benefit of a third party. The right of third parties to
occur when the intention to the debtor is considered. Contract benefits As long
as it has not shown such intent. The parties may change or suspend the rights
under the contract. When the securities company A filed with the plaintiff to
pay the outstanding debt. Show that the intention to take advantage of the
contract. The plaintiff and the defendant are parties to the right to benefit
from the contract and. General And the plaintiff has the right to change the
terms of the agreement as a beneficiary under the insurance contract itself has
the power to sue.
The plaintiff rented the place
of the temple as a parking lot and garage. The area has one entrance door.
Although there is no security guard, but there is a caretaker, the plaintiff is
considered. Be careful in the preservation of property, such as the man should
behave in accordance with the circumstances. Lost car insurance is not due to
the negligent negligence of the plaintiff, and when the plaintiff informed the
phone, the defendant and the police immediately notify the police but lack of
evidence of authorization from the finance company. A. Delayed written notice
The plaintiff does not comply with the terms of the policy. The defendant is
also liable.
Judgment of the Supreme Court 6886/2542.
The purpose of the insurance
contract between the plaintiff and the defendant is intended to. Car insurance
that the plaintiff is a hire purchase throughout the lease period. More
important than the start date of the letter of insurance contract. policy
Although the lease agreement specifies the start date of the contract after the
start date of the insurance contract for 9 days, it is a
period of overlap. The interpretation of the insurance contract must be focused
on the true intent. The parties are more than words, expressions and letters of
the Civil and Commercial Code, Section 171 of this case
must be interpreted as the insurance contract between the plaintiff and the
defendant was made on the first day that the plaintiff has the status of a car
lease that the plaintiff insured the defendant. Such interpretation is
consistent with the principle of contract interpretation in case of doubt.
Civil and Commercial Code Section 11 shall be interpreted
in a way that is to you, the plaintiff, the parties to the parties. In that
case, it can be considered that the plaintiff is the insured. In the insurance
contract with the defendant. Insurance between the plaintiff and the defendant
therefore bound both parties. When it is not shown that the company has the
intention to take advantage of the insurance contract. The plaintiff is still a
stakeholder and has the right to be reimbursed. Claims under the insurance
contract of the defendant when the insured in accordance with the contract, the
plaintiff has the power to sue for compensation from the defendant. The
insurance policy will specify when the insurance policy. Insurance has
transferred cars to other people. But the plaintiff's contract to transfer the
lease contract to the plaintiff's wife because the need for a car card to use
the shortcut through the army. Air only But after the transfer of the lease.
The plaintiff is still the owner of the car that is insured and paid for the
purchase of the whole is that the plaintiff and the wife of the plaintiff did
not intend to transfer the lease. The transfer is intended only for the purpose
of acquiring a car pass for a shortcut. Only air force. The contract of
transfer of the right to lease is therefore void. Civil and Commercial Section 155, paragraph one, the plaintiff still has. It is a real tenant
and continues to have claims under the insurance policy. The disaster is the
same. And even if the plaintiff has the right to transfer the lease. But the
transfer of leasing rights is not the transfer of ownership of cars to hire.
Other persons as specified in the policy. The assignee still has the right to
claim under the policy, so the policy is not enforced.
Judgment of the Supreme Court 4133/2542.
Insurance Policy. Insurance
policy ends when the insured transfer the car to another person, the defendant,
the car insured and the third defendant is a car hire from the company. D. The
company is the owner of the car. The defendant 1 just
transferred leasehold rights under the lease. The ownership of the car is still
owned by the Company. Hire Purchase The case is not the insured person
transferring the insured vehicle to another person. policy So do not force it.
The plaintiff sued the defendant as a defendant in a car accident scene with
the defendant, 3 S, the driver of the car accident was a
violation of the plaintiff by the defendant. Commercial partnership with the
defendant 1 MP and the defendant is the occupied and used
cars and MP as a defendant, the first defendant must be jointly liable in
violation of the S and the third defendant as a recipient. Insurance car
accident scene must be jointly liable to the defendant, but the indictment does
not claim that the third defendant is liable for the car accident. One of the
defendants insured The plaintiff's claim that the defendant to the third
defendant must be jointly liable to the defendant because the defendant, the
defendant must be jointly liable in violation. When the Court of First Instance
ruled that the defendant is not liable to the plaintiff, the third defendant
will not be liable for damages on behalf of the defendant. 1
insured for the plaintiff's death, the defendant is responsible for any one of
the Civil and Commercial Code, Section 887, paragraph one.
Judgment of the Supreme Court 1955/2542.
Defendant 1 driving
a car accident scene with the consent of the MP. The defendant's second, even
if the defendant will have two rules. Any car It may not apply to the
plaintiff. The third defendant was responsible for the results. Violations
under the Civil and Commercial Code, Section 427 when the
plaintiff, the insurer was indemnified. Insured that the defendant violated the
right to take the right. The claimant to the second defendant.
Judgment of the Supreme Court 4449/2541.
Carrier insurance has a unique
approach, which is different from conventional insurance. Because the price of
insurance or Equity for insurance in carriage under the Civil and Commercial
Code, Section 884, paragraph one, not only the price of
goods only. It may also include Freight and other expenses, as the case may be.
Printers dispensers are priced at 71,681 pounds C & F.
The price paid by the plaintiff to the insurer amounted to 78,849
pounds sterling. It is calculated that the price of the insurance is 110 percent of the price. The 10% increase
in the price of such goods is the total cost of insurance. This is normal
practice for cargo insurance. The amount of 187,610 baht
that the plaintiff called. The "claim" is 10% of
the price of a damaged printer, amounting to 1,876,100
baht, so that the claim is that. Expenditure that is part of the insurance is a
loss that the petitioner was insured with the plaintiff under Section 884 paragraph one.
Judgment of the Supreme Court 4086/2541.
The plaintiff transferred the
right under the car hire and insurance contract. I have informed the lender.
And the lender has notified the defendant that the plaintiff can be held that
the plaintiff. The defendant informed the transfer of rights under the lease
and insurance contract. When the transfer in this case, the Civil and
Commercial Code, Section 875 does not force the book and
the defendant did not dispute the transfer of rights. Anyway The insurance
contract is transferred to the plaintiff.
Only transfer the leasing
rights under the car lease agreement to the plaintiff. The ownership of the car
belongs to the lessor of the company, which did not change to the plaintiff. It
is not the case that the insured person transfers the car to another person as
stated in the insurance policy.
Judgment of the Supreme Court 5344/2540.
Insurance policy provides an
exception to the defendant's indemnity does not indemnify. Damage or loss
caused by theft or misappropriation by the person Car lease is not covered. The
fact is that Lt. and B. car lease contract from the plaintiff to the insured.
But when it comes to renting, the two of them do not bring their cars back because
they do not want to rent them. The contract to lease property is a trick to
sell cars in Burma, then the Lt. car and the car using the trick to lease such
as this is no exception to the defendant. To be liable under the insurance
contract. Defendant is liable to the plaintiff.
Judgment of the Supreme Court 2639/2540.
The first court ruled that
only one dispute Defendant is liable for damages to the plaintiff by the suit
or not by the plaintiff to the defendant. The plaintiff witnesses the
plaintiff's receipt of the fact that the plaintiff has insured the car. Dispute
to the defendant under the insurance policy at the end of the defendant's
statement. The insured driver does not renew his driver's license for more than
180 days and asks for a ruling on the problem. According
to the facts, the exception to the provisions of insurance policies 1.10 and 3.9.2 cause the defendant is not
liable to the plaintiff. The plaintiff and the defendant did not testify. The
Court of First Instance has heard the verdict as follows. The plaintiff and the
defendant have to fight the other arguments, both the defendant's testimony.
The defendant did not claim that. The driver is insured as negligence. So the
fact that the driver of the car is not driving the car under negligence, the
case is in accordance with the plaintiff's complaint. The Court of First
Instance and the Court of Appeal heard the facts. It is preferable that the
procedure is considered and is not diagnosed too well. Above the indictment no.
According to Schedule 1.10, there is the statement that
"the Company may not be liable for any claims under this policy. Unless
the insured has properly acted under the insurance contract. The terms and
conditions of this policy include all terms and conditions of the contract,
including clause 3.9, at the end and clause 3.9.2,
which reads "Driving without a driver's license. Any or all of the
following, but no extension beyond 180 days, etc., at the
time of the accident, "and at the end of Article 3.9,
the words" 3.9 will not be used in the event of
damage to the car or otherwise. The negligence of motorists insured under this
policy ". The driver who insured the vehicle even if the driver's license
was not renewed in excess of 180, but in case of damage to
the vehicle and not the negligence of the driver. The defendant is liable under
the insurance policy, which is subject to the policy. According to Schedule 1.10 to the plaintiff.
Judgment of the Supreme Court 2383/2539.
The term
"disability" refers to the ability to work normally. The plaintiff
engaged in repairing motorcycle and motorcycle parts. The plaintiff will need
to listen to the engine to repair the motorcycle. And to talk to customers to
buy motorcycle parts. Both of the plaintiff's ear. I can not heard The plaintiff
is less able to perform a normal job forever. Hold the plaintiff's permanent
disability completely. Insurance policy. "Claims to insured persons must
inform the company of the disability. This is in writing within 180
days of the date of disability, unless proven otherwise. May the company know.
"The message is not strictly defined that the plaintiff will be insured.
Must notify the defendant in writing within 180 days from
the date of any disability. In case of reasonable cause. The plaintiff may not
have to follow it. The plaintiff to contact the defendant, but not in writing,
because the plaintiff hand. Can not write The defendant was notified of the
plaintiff's consideration. The defendant is not interested in the plaintiff
must be notified in writing within 180 days from the date
of the disability as prescribed, the plaintiff has the right to claim. Instead
of the defendant.
Judgment of the Supreme Court 8292/2538.
The plaintiff said in the
suit. Plaintiff's insurance from the insured and reinsurance through the
defendant, which is. Instead of a non-life insurance company in a disaster and
the plaintiff. The claim was made. The defendant claims to be liable under the
insurance contract like this. The liability of the defendant as the plaintiff
sued as a guarantor. In this case, it must be 2 years from
the date of the accident. According to the Civil and Commercial Code, Section 882, paragraph one.
Judgment of the Supreme Court 9245/2538.
The plaintiffs 1
and 2 have jointly agreed to the plaintiff's insurance,
the plaintiffs 1 and 2 will be liable
for compensation of 60% and 40% of
all damages, respectively. When the contract expires and the two plaintiffs
jointly compensate for damages. Insured to the insured under the insured. The
right of the insured to join the plaintiff sued the defendant. The employer or
the violator of the joint liability to use the two plaintiffs as follows: The
calculation of the amount of the dispute in the Supreme Court must hold the
capital of each plaintiff separate. Separate This case appeals to the fact that
The defendant is not the employer or the driver of the offending truck driver.
Defendant is not liable as follows: The plaintiffs 1 and 2 petition the Supreme Court to determine. Even the plaintiffs
will not have the witness that the truck driver is an employee. Agent of the
defendant. The testimony of the defendant is not weighed up as a petition to
dispute the discretion to listen to evidence, which is a petition in the facts.
When it appears This case, the amount of the dispute in the petition of each
plaintiff does not exceed 200,000 baht, so the petition is
prohibited. According to the Code of Civil Procedure, Section 248
paragraph one
Judgment of the Supreme Court 2807/2537.
The land and commercial
buildings are of the professor, who had mortgaged the bank and insured the
defendant. The bank is a beneficiary under the Civil and Commercial Code,
Section 231 mortgage rights cover the right to claim the
insurer. The meaning of the claim that the mortgagee will be called by the
defendant. The insurer is in the same position as the mortgaged property. If
there is a fire in the commercial building during the mortgage. The bank will
have the right to claim insurance policy instead of the commercial building.
Defendant directly It is in the case of the bank as a mortgage creditor, ie the
claim of the insured debtor with the defendant as the insurer in accordance
with Section 226, paragraph 2, when
the building was not fire during the mortgage and Professor. The mortgage was
pledged by the plaintiff to pay the debt to the bank instead of the prof. And
then registered transfer to the plaintiff by the mortgage. The mortgage is
suspended and the mortgagee is no longer entitled to receive. The defendant
claims that the defendant's insurance policy to the defendant under Section 231 claims in the insurance policy is back to the old insured.
After the fire, the plaintiff can not claim that the plaintiff has been granted
the right. The law of mortgage banks because the plaintiff is the person who
has the real estate. Property and the purchase price to the mortgagee of
property completed under Section 229 (2) The transfer of
the plaintiff to the plaintiff. Claims of insurance claims in the insurance
will be transferred to the plaintiff's or not, it must be enforced under
Section 875 paragraph two, when the insured did not notify
the transfer to the defendant because the condition is unknown. Until the fire.
The insurance contract is not transfered under the insurance policy and stated
that. Insurance contracts will be terminated when the property has been
insured. The insured has changed his / her hands from the insured person by
means other than the will. By the provisions of the law. The plaintiff is not
entitled to claim insurance policy.
Judgment of the Supreme Court 512/2537.
Insured truck registration
number 80-1287 Sisaket with the third defendant, namely,
R. by the insurance contract on January 24, 2528
with the insurance period from January 25, 2528
to January 25, 1986, under the
insurance contract Sisaket Limited Partnership. Charoen is a car owner and used
the car ownership of the truck, the defendant has just transferred ownership
and use the car. On July 1, 1985,
after ownership of the truck insurance contract and no transfer of rights. The
defendant to the defendant that the first defendant has a truck with the third
defendant to the plaintiff has no right to sue the third defendant liability
insurance policy with the defendant 1 and 2.
Judgment of the Supreme Court 1769/2521.
The insured person during the
trip insured with a company and then postponed the date the company has not
approved. I have been insured with another company that has not accepted. The
insurance company with the defendant again. A message that has never been
accidentally covered with another company. The defendant may refuse to sign.
But this insurance is different from the time before the disapproval. I can not
afford to insure myself with another company.
To tell the void to follow.
Civil and Commercial Code, Section 865 must be done within
1 month after the company knows the truth of the cover.
After that, no effect.
In-flight accident insurance
offers conditions to pay in case of death. The injury. In regards to the use of
death money. Life insurance under Section 889 must pay in
full. There is no payer in the order of the insurer prior to Section 870.
The plaintiff extends money to
others to take life insurance by the plaintiff as a beneficiary. It is not
enough that the plaintiff is the life insurance of the other. It is the insured
person who has a stake in life insurance.
Judgment of the Supreme Court 1603/2518.
Insurance factory buildings,
which during construction and raw materials with the defendant. The benefit of
the plaintiff's policy. Terms of the policy. If the commercial or industrial
life of the insured is changed, Way to increase the risk of injury. The insured
must get permission from the defendant before a casualty occurs. Otherwise, the
insurance contract immediately suspended. And there is agreement. Interest
rates will increase when the plant is completed as the defendant has called.
The insurance premiums increase when the plant is completed and the original
machinery is made. The intention of the defendant is just to claim the premiums
increase as the. Okay. Find out about the problem that running a machine
produces a risk. Increased risk of violating the terms of insurance policy.
When the defendant called for
payment of premiums as mentioned above, the defendant has the letter that the
request. Because of this, I have insurance for raw materials to other
companies, I want to insure machinery used in production. It has not been
insured. The insurance policy of the machine is the same as the intention of
the meaning of the proposed changes to the original policy. It will insure
machinery instead of raw materials. The insurance company has moved to another
company. The termination of the contract and the intention to submit the offer
to the defendant, which is separated by distance. When the fire accident before
the book will go to the defendant. Original insurance policy is also binding on
the defendant.
Section 877
of the Civil and Commercial Code prescribes to you the insured. In case the
insured property is completely destroyed. The Insured would like to claim the
full sum insured unless the insurer proves irreversible damage to property.
Amount of insurance
Insurance of raw materials
with the defendant. The raw materials are then insured with other companies.
Even when the fire damage. A. Acceptance of damages from other insurance
companies to some extent, then it does not. The defendant's rights and
obligations under the Civil and Commercial Code, Section 871,
and the defendant is the first insurer shall be liable when the first. To be
liable than one insurer under Section 870, the defendant
is liable for the actual amount of life insurance that is not used.
A cooling air conditioner
installed on the outside wall of an insured building is only a piece of
equipment. No, the building's fittings are not. When the fire burns, the
building and the air conditioner go. The insured will not be compensated for
air conditioning.
Judgment of the Supreme Court 890/2500.
According to the automobile
insurance policy. The guarantor will accept the money in case of accident. The
word "accident" is caused by unexpected or accidental events. This
means that it is caused or not intentionally, so it is also caused by
negligence.