ADCC 263/16
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
General Insurance Law, Road Transport
Copyright
LexisNexis
Decision date
19 Mar 1995
Catchwords
Road Traffic Accident – Insurance – Policy Exclusion – Wear and Tear
This case involved a claim that certain repairs would not be covered by an insurance policy following a road traffic accident. There were exclusions in the policy but these related to wear and tear, so any damage not caused that way could not be excluded.
Background
A claim was brought against an insurance company ordering it to pay 21,670 AED for repairs to a claimant's vehicle caused by an accident. The defendant refused to pay as they argued that the damage to the car was not covered by the policy as the parties had agreed to exclude these items from coverage. The court of first instance ordered the defendant to pay 1,500 AED and the claimant appealed. The appeal court increased the amount to the full amount claimed and the defendant appealed by cassation. Before the cassation court the defendant argued again that the type of damage had been specifically excluded from the policy.
Decision