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Siam City Law Offices (SCL) represented a luxury fitness company as the insured company located in Central World, which was set on fire caused by the anti-government protesters during their ‘occupation’ of parts of central Bangkok, Thailand in 2010.
On behalf of the insured company, SCL claimed that the damages arising from committing arson by such protesters was covered under the insurance policy since it was a type of all-risk policy. However, the Defendant contended that the severe situation was an exception of said all-risk policy since it was an act of terrorism and civil commotion amounting to an uprising. Therefore, the insurance company would be exonerated from paying damages.
The South Bangkok Civil Court, as the Court of First Instance, has ruled in favour of the insured company and considered that the situation was not sufficient to be considered as an act of terrorism and civil commotion amounting to an uprising. The insurance company was bound to pay the damages under the insurance policy. Furthermore, the Appeal Court affirmed the earlier decision and subsequently settled the case in favour of the insured company. The impact of these decisions have compensated damages to our client Baht 210 million, which is a significant amount.
The SCL team was led by a litigation Partner, Mr. Weerayuth Sajjaphanroj, and supported by an associate lawyer Mr. Peerasak Naphasri. It is an interesting case since there were many insured companies that filed lawsuits claiming damages occurred by the same political situation against insurance companies; however, only a few cases were successful.
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