Legal Group Service
Insurance law deals with insurance policies and claims and how these policies are formed and enforced.
An insurance contract involves two parties: the insured (the policyholder) and the second party is, the insurer (the insurance company). In this contract, the policyholder aims to transfer the risk of any unforeseen losses to the insurance company in exchange for a regular fee called a premium. Once the event specified in the contract has incurred a loss to the policyholder, the insurance company assumes it and compensates the policyholder with a specified sum of money. An insurance policy may include third-party liability coverage to cover any costs when the event that has occurred has led to a physical injury or any damage to someone else or their property.
Insurance companies rely on lawyers to help them understand and implement the country’s insurance laws. In addition, insurance companies also employ lawyers to defend the policyholder if a third party makes a claim against them. Suppose the policyholder is found liable for damages experienced by the third party. In that case, the insurance company will cover the cost, as stated in the insurance policy.
The policyholder may also employ lawyers in the case of bad faith insurance practices from the insurance company’s side. Bad faith practices include:
In the UAE, the Insurance Authority (IA) has established the Federal Law No. 6 of 2007 on the Establishment of the Insurance Authority & Organization of its Operations. This law governs all licensed insurance companies in the UAE. Insurance companies are also instructed to operate according to the IA’s Authority Board Resolution No. 3 of 2010, a Code of Conduct for insurance companies in the UAE.
Before seeking legal action, the law recommends settling any disputes amicably or through the Emirates Insurance Association (EIA).
It is a contract between the insurance company and the policyholder that aims to provide financial protection to any dependents (beneficiaries) after the policyholder’s death. The named beneficiaries are entitled to a specified sum of money (death benefit) from the insurance company in exchange for a premium paid by the policyholder.
After the policyholder’s death, life insurance claims can be sought after by more than one party, creating a considerable beneficiary dispute. The life insurance company will divert this dispute to the court to decide the true beneficiary. This is known as an interpleader action. The sum of money to be paid to the beneficiary will be put into an account controlled by the court. The case is resolved either by litigation or by settlement.
The most common reasons for a beneficiary dispute are the following:
It is a contract of indemnity that covers any risk other than the risk of death. They can be categorized as follows:
Insurance companies can refuse policy claims for the following reasons:
Under the UAE Insurance law (that is, not the Dubai International Financial Centre (DIFC)), the policyholder should make a claim within three years from the date of loss, or else the right to claim for any losses be waived. For marine insurance claims, the time limit is two years, according to the Federal Commercial Maritime Law No. 26 of 1981.
In the DIFC, there isn’t a specified insurance claim time limit. Therefore the general contract time limit applies, being six years from the date of loss.
A closer look at civil case 295/2016 gives us insight into the UAE court’s strict adaptation of the three-year time limit in claiming the insurance rights. In this case, two insurance companies entered a mutual contract. The defendant owed the plaintiff 15% of damages caused to a shop due to a fire and long overdue damages caused to motor vehicles. Since it has taken longer than three years for the car insurance to be claimed, the claim was defaulted. As for the damages to the shop, both insurance companies attempted to settle this dispute. However, due to the active attempt from both parties to settle, the right to claim has not been waived or mitigated, despite it taking more than three years. Since no settlement was reached, the case was transferred to court.
Our competent lawyers are equipped to handle any and all insurance disputes you may have.
Our lawyers will work alongside insurance companies to decide whether or not they are liable for damages for claims made by the policyholders. Evidence will be collected from a range of sources in order to build a clear picture of what has happened and advise the insurance company accordingly. We will also negotiate and draft insurance policies and contracts and recommend changes in the wording of the policies to conform with the law or protect insurance companies against invalid claims. We will also investigate damages for late payments or third-party claims.
We can also handle reinsurance disputes (when the insurance company buys insurance to minimize the loss).
In the case of the insured parties, we work on behalf of the policyholder in an insurance claim dispute.
Our talented lawyers possess a real investigative nature that aids in piecing together the events and understanding what occurred in the claims. Furthermore, our strong communication skills and adaptability are vital in dealing with people from all backgrounds and professions.
We have a natural edge when dealing with complex and sensitive situations while remaining just and reasonable. In addition to all this, our in-depth understanding of contract law will surely help you draft insurance policies and contracts and discover any breaches in the contract. Moreover, our finance and financial risk knowledge come in handy when handling commercial insurance cases.
AWS Legal Group
Fill the following form to send us your message