DCC 243/2005

This case involved an insurance claim by a shop owner for theft. There was an exclusion that thefts had involve use of violence. This term was clear and did not cover fabricated keys.

Background

An Appellant - in his capacity as the manager and a partner in the company filed the action No 484/2004 against the Defendants demanding they jointly pay him 170,000 AED and interest.

The Plaintiff explained that on 08/11/2003, he discovered the theft of 45 cartons from his commercial store which include movies worth 170,000 AED. The first three Defendants were convicted in the action No 5126/2004 and the appealed judgment was confirmed. The store was insured against incidents at the insurance company - the Fourth Defendant - so he had the right to ask them for compensation which was why he filed the lawsuit.

Proceedings:

Court of First Instance | Decision taken on 12/02/2005

On 12/02/2005, the Court ordered the three first Defendant and the insurance company to jointly pay the Plaintiff the demanded amount with 5% interest annually as of when the judgment became final until payment.

Court of Appeal - Appeal No 265/2005