DCC 253/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Tort, General Insurance Law, Compensation, Road Transport
Copyright
LexisNexis
Decision date
10 Apr 2005
Catchwords
Tort – Liability – Insurance – Assignment of a Right for Compensation from a Tort to a Third Party – Road Traffic Accident
This case involved the assignment of a right in tort to an insurance company. The key issue was whether the assignment could be carried out when the party doing the assignment did not own the vehicle even though they were the policy holder.
Background
A Plaintiff, an insurance company, filed proceedings against two Defendants, a party who had been responsible for an accident that damaged a vehicle insured with the Plaintiff, and its insurance company.
The Plaintiff filed proceedings seeking compensation for damages that it had to compensate its client for due to an accident caused by the First Defendant, who was insured by the Second Defendant, before the Dubai Court of First Instance under roll (2370/2002).
The Plaintiff presented an assignment document, showing that the insured had expressly assigned to it the right to seek in tort compensation for the accident.
The Court of First Instance allowed the Plaintiff's claim.