DCC 231/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Offences against Property, Police, General Insurance Law, Insurance Claims & Payments
Copyright
LexisNexis
Decision date
20 Mar 2005
Catchwords
Insurance – Car Rental – Theft – Depreciation – Police
This case involved a claim by a car rental company for insurance compensation for two thefts. A key issue was how depreciation should be calculated for insurance purposes. The case also looked at the impact of the company not informing the police of both thefts even though there was a criminal conviction.
Background Facts
A Plaintiff (Car Rental Company) filed suit No. 471 of 2003 before the Dubai Court of First Instance against the Defendant (Insurance Company) requesting 122,000 AED and 9% interest from the date of the claim until full payment.
The Plaintiff explained that the Defendant Company insured against loss and damage on cars 69327 and 40926, owned by the Plaintiff at 61500 AED for the first vehicle and 60,500 AED for the second vehicle.
The first rental of the car was embezzled it and the renter convicted with a final sentence, and the second car renter had also embezzled it. Therefore, the Plaintiff was entitled to compensation.
Proceedings:
Court of first instance - Decision dated 8/5/2004