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insurance disputes lawyers

Resolving Disputes regarding insurance claims in UAE

Under UAE law, the insurance contract contains certain provisions for protecting the rights of both insured and insurer. These provisions are commonly the subjects of disputes arising when either party does not follow the procedures within the contract. If an insurer that fails to pay an insurance claim for which it is legally obligated may be subject to legal action by the insured. In this article, we provide a simple guide for resolving insurance disputes in the UAE. For a detailed view on any of the following, or to ascertain how a dispute will fair within the current rules and regulations, please feel free to contact us.

Types of insurance claims

There are different types of insurance claim that amount to dispute. Some of the claims include

  • Life insurance
  • Health insurance
  • Disability insurance
  • Fire loss and property damage insurance
  • other

Methods to resolve insurance disputes

Negotiation. Before proceeding to a court procedure many of the insurance claims are settled by negotiation. Negotiation of claims with insurance companies needs even additional special information and skillful communication. If you are seeking fair compensation for your claims, this process is an excellent opportunity to save time and money.

Arbitration: the concept of arbitration for insurance dispute is desirable because it proves confidentiality for both the parties. UAE Law provides that if the parties to an insurance contract wish to resolve disputes through arbitration, they must enter into a separate arbitration agreement independent of the insurance contract. Regardless of whether the arbitration clause is included or not.

Litigation: either party for resolving their disputes if they are not satisfied by the methods of arbitration or negotiation. Having an experienced lawyer by your side, you may get a fair settlement for insurance dispute

Remedies claimed

Some of the remedies claimed by both the parties are

By insurer

Terminating the contract for Breach of policy insurer may terminate a policy for breach of disclosure obligations under the contract. misrepresentation or non-disclosure of creation facts by policyholders may lead to termination of the contract by insurance companies

 By Insured:

The damages claimed by insurance policyholder are

  • Claiming damages for consequential loss
  • Settling or adjusting the claim

Apart from these remedies there are may many additional remedies claimed by the insurer and insured depending on the case and circumstances. (for e.g. court may charge additional damages for any mental or physical harm to either party). An experienced insurance lawyer can guide you about the remedies available for specific claims.

Limitation for filing an insurance claim

Under insurance law, the limitation period for insurance claim depends on the type of insurance and as per the law. An insurance period is calculated from the date of the loss or the date upon which the insured first became aware of the loss.

Provisions within the insurance law allow for limitation periods to be suspended in the event of a lawful excuse, (usually the incapacity of a party) or otherwise owing to circumstances outside of a party’s control.

Insurance dispute lawyers in Dubai are aware of all the rules and regulations about insurance and the remedies claimed for different issues. HHS lawyers and legal consultants are the best insurance lawyers and have in-depth knowledge of insurance matters regarding any industry. If you want to resolve any disputes regarding insurance claim book your consultation now.

M. Al Khairy, LL.B. is a Senior Partner of HHS Lawyers in UAE. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. Al Khairy also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators. Read more