DCC 64/2004
This case involved whether an insurance company had to pay for a stolen vehicle when the ownership of the company had changed. The case also considered the impact of a withdrawal of a defence.
Background
A Plaintiff was a former enterprise for public transport that was transferred to a new owner and the Defendant was an insurance Company.
The two parties concluded an insurance contract to insure a heavy-duty truck against loss and damage and civil responsibility.
The owner of the vehicle left it on the side of a road after locking the door and informed the police that it was disabled.
The day after, the car was stolen.
The insurance Company refused to pay the indemnity.
Proceedings
Court of first instance of Dubai - Decision No 237 of 2003
The court requested the Defendant to pay to the Plaintiff a sum of money with interest.
The new owner of the Plaintiff interfered in the case.
Court of first instance of Dubai, accepted the interference but rejecting the claim.
Dubai Court of Appeal - Appeal No 1537 of 2003
The court confirmed the judgment.
Appeal before the Dubai Court of Cassation.