In this judgment, which addresses a dispute between an insurance company and an individual over an insurance claim resulting from a car accident, the court examined the legal principles related to res judicata and the statute of limitations. The core of the Respondent’s claim was that his car, a Bentley, suffered significant damage in a collision with another vehicle. The Respondent claimed that the insurance company was liable for the damages based on the issued insurance policy. However, the insurance company argued that the claim was barred by the statute of limitations, as more than three years had passed since the accident, and that the defendant’s right to claim had expired due to a previous judgment in a separate case.

The General Assembly of the Court of Cassation considered that, despite the previous lawsuit filed by the Respondent against the insurance company being dismissed, it interrupted the statute of limitations. This was due to the court’s interpretation of the relevant legal principle—that a legal claim, even if ultimately unsuccessful, constitutes a sufficient interruption of the statute of limitations. Furthermore, the court scrutinized the insurance company’s claim of res judicata. It concluded that the previous and current lawsuits, although involving the same parties, addressed different legal issues. The previous lawsuit concerned a vehicle purchase agreement, while the current case focused on the insurance claim resulting from the accident. The court affirmed that res judicata applies only when there is a complete match in the subject matter, parties, and causes of action in both cases. Ultimately, the court found no merit in the insurance company’s arguments. The court ruled in favour of the Respondent, dismissing the appeal and upholding the previous judgment. It ordered the insurance company to pay legal costs and fees amounting to 2000 dirhams, in addition to forfeiting the insurance amount. The court’s decision was based on a robust application of the principles of the statute of limitations and res judicata, demonstrating a clear understanding of these complex legal principles.