Insurance Policy Interpretation UAE Law Each insurance policy includes..
Insurance Policy Interpretation UAE Law Each insurance policy includes.. printed conditions or what it is called general conditions, which are standard cond WhatsApp: +971555570005
The asset of insurance policy interpretation
Each insurance policy includes printed conditions or what it is called general conditions, which are standard conditions for the model prepared by the insurance company, therefore they are the same for each type of the insurance.
In addition to the general conditions, there are special conditions written by hand or typewriter distinct from the printed general conditions. They are differing from one policy to another according to the insured risk, the insurance term, and the amount of insurance and the beneficiary person (the insured).
As for the insurance policy interpretation, it is subject to the general principles of the contract interpretation, and generally There is no discrimination in the application of these principles between the general conditions and special conditions written by hand or typewriter. As these contractual terms are indivisible. if the general printed conditions included an obligation to the insurer, this obligation interpreted – in case of doubt – for the insurer favor according to general principles, However, if these conditions are from the work of the insured, and he was the one who included it in the obligation policy therefore the judge could interpret it against insurer or against those who put them, as he was wrong when he Formulated it in vague terms.
And the trail judge he is the one who handle the insurance policy interpretation, according to the general principles of interpretation as mentioned above, If the term is clear, it is not permissible for him, in the claim of its interpretation, to deviate from its clear meaning. otherwise the contract will be under the supervision of court of cassation , and can be challenge by way of cassation , and if the term is wrong , the trial judge will have full authority in extracting the intention of the contractors , but the agreement between the contractors shall be applied in all the circumstances without diminishing , increasing or modifying the contract without prejudice what it is void according to the provision of the law , as for example abusive clauses, as well as any agreement contrary to the provisions of the law In the insurance policy and not in the interest of the insured or for the benefit of the beneficiary.
However, there may be a conflict arise between the copies of the insurance policy, whereas the conditions included in a copy contradicting with the conditions included in another copy, therefore the copy which possessed by of the insured will be reliable and may be invoked against the insured, as the insurer is the one who issued these copies, accordingly he will be responsible for the conflict that occurred between them. also, if there is a conflict between a general written condition and a special condition written by typewriter or hand, the special condition will be valid because the special condition was written only after the agreement between the both parties to the contract and was opposite to the printed conditions.
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE