DCC 369/1998

The case involved a damage claim against an insurance company following a road traffic accident. A key point was that the insured party had not notified the company of the accident. The case looked at whether this could be used as a defence against the injured party.

Background

A claim was brought against an insurance company ordering it to pay 750,000 AED plus interest and advocacy fees. The claimant stated a private driver who was insured by the defendant had had an accident involving the claimant's car. As a result of the accident, the claimant had endured damages of 750,000 AED and the other driver had been found guilty by the Dubai Traffic Court. The court of first instance ordered the defendant to pay the amount claimed plus costs and interest. Both parties appealed. The appeal court dismissed both claims. The defendant appealed by cassation arguing the driver had violated the insurance policy by failing to notify the insurance company of the accident and the subsequent traffic case.

Decision