ADCC 311/12

This case involved an attempt by an insurance company not to have to pay for damage to a car in a road traffic accident. The insured had been accused of careless driving and it was argued this invalidated the policy. However, as police reports did not show a conviction for driving outside the speed limit and the policy did not specifically exclude liability in the case of careless driving the money should be paid.

Background

A claim was brought by a car rental company against two defendants, the insured and the insurance company, ordering them to pay 35,000 AED for damage to a vehicle caused by the insured. The court of first instance ordered the defendants to pay the amount claimed, provided that the car wreckage was delivered to the second defendant. The second defendant appealed and the appeal court upheld the judgement. The second defendant appealed by cassation arguing the insurance policy exempted it from liability in the case of illegal driving, and the Public Prosecutor had accused the insured of driving carelessly.

Decision