ADCC 40/2022

This case involved a retraction request for a Abu Dhabi Court of Cassation final decision. An insurance company had made a claim against the manufacturer of fan which had failed and led to a helicopter landing. The floation system on the helicopter had then failed and the helicopter had capsized and been loss. The insurer had had to pay for an insurance claim.

Background

An well-known aviation company which was based in Abu Dhabi purchased a helicopter from a manufacturer.

On one of the flights, the helicopter pilot received a high oil temperature warning shortly after takeoff and decided to land.

Prior to touchdown,the pilot activated the helicopter floatation system in order to evacuate the crew safely.

However, once the crew were evacuated, the system’s inflated bags deflated causing the helicopter to capsize and sink. The helicopter was declared a total loss.