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The Supreme Court held that an insurance endorsement validly renewed coverage for a new health-center project, allowing SORAS to recover the amount paid under subrogation plus interest.
The Supreme Court found that sufficient evidence, including invoices, waybills, and police reports, established the existence of a transport contract between ITEX Sarl and TACT Ltd for the tea belonging to OCIR-THE. As SORAS Ltd, as insurer, compensated TACT Ltd for the damaged tea, it was subrogated to claim the same amount from ITEX Sarl. ITEX Sarl was liable for the loss as transporter, and SORAS Ltd was entitled to interest at the National Bank rate, as well as procedural and advocate fees.
Source excerpt
The Supreme Court held that documentary evidence proved a carriage contract, and that SORAS, having indemnified the loss, could recover from ITEX by subrogation.
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