DCC 140/1998
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Litigation Procedure & Practice, General Insurance Law, Terms
Copyright
LexisNexis
Decision date
14 Nov 1998
Catchwords
Permissible – Exclude – Risks – Insurance contract – Specific risk – Cancel – Commitment – Theft – Force and violence – Contested judgment – Investigation – Criminal documents – Reasonable – Authority – Trial Court – Expert opinion
It is permissible to exclude some risks by agreement in the insurance contract. Exclusions in the insurance contract are a specific risk that would cancel the insurance company's commitment to the guarantee if the insured disaster occurred as a result of the excluded risk. The insurance policy conditions including the theft of property by force and violence is deemed an exclusion of the theft taking place without violence or force. The contested judgment dismissing the appellant's request to refer the action for investigation to prove that the theft has taken place by force and violence based on the criminal documents confirming that the theft was done surreptitiously is deemed reasonable. The authority of the trial court to dismiss the expert opinion request if the documents show no need for an expert report.
Having reviewed the case documents, read out the summary report, heard the pleading, and after the legal deliberation;
Whereas the cassation has fulfilled the requirements prescribed by law in terms of form;