DCC 26/2005

This case involved whether an insurance policy which excluded theft by a car renter or their associates should not be valid where the renter was convicted of embezzlement in respect to the cars.

Background

An Appellant car rental company filed suit No. 46 of 2004 against a Respondent insurance company, requesting they pay 324,000 AED and 9% interest from the date of the claim until full payment. The Plaintiff explained that the Defendant had insured cars which were rented to people who did not return them and were convicted in criminal case No. 9527 of 2003 and sentenced on 23-9-2003 to a year in prison and deportation. The Defendant refused to pay the Plaintiff the claimed amount.

Proceedings:

Court of first instance - Decision dated 18/5/2004

The Court of First Instance dismissed the case. The Plaintiff appealed this judgment.

Appeal Court - Appeal No. 449/2004 - Decision dated 28/11/2004

The Appeal Court confirmed the appealed judgment. The Appellant appealed further.

Appeal before the Dubai Court of Cassation.