DCC 60/1996
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Insurance Law
Copyright
LexisNexis
Decision date
9 Jun 1996
Catchwords
Insurance – Life Insurance – Disclosure
This case involved a claim by children of a deceased who had had a life insurance policy. The insurer had refused to pay out as there had not been full disclosure of his health. This was valid.
Background
A claim was brought by against an insurance company ordering it to pay US$ 260,000 plus interest at 9%. The claimants stated that their deceased father had life insurance with the defendant to the amount claimed. The Court of first instance ordered the defendant to pay the amount claimed and the defendants appealed. The appeal court upheld the judgement and the defendant appealed by cassation arguing the deceased had died of liver failure despite stating that he did not consume alcohol in the insurance questionnaire. The defendant also stated that there was evidence before the court that the deceased had been suffering from liver disease as a result of excessive alcohol consumption before the policy was taken out.
Decision