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What mechanism do insurance policies usually provide for resolution of disputes between the insurer and policyholder?
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Is there a protocol governing pre-action conduct for insurance disputes?
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Are local courts adept at handling complex insurance disputes?
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Is alternative dispute resolution mandatory?
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Are successful policyholders entitled to recover costs of insurance disputes from insurers?
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Is there an appeal process for court decisions and arbitral awards?
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How much information is the policyholder required to disclose to the insurer? Does the duty of disclosure end at inception of the policy?
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What remedies are available for breach of the duty of disclosure, and is the policyholder’s state of mind at the time of providing the information relevant?
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Are certain types of provisions prohibited in insurance contracts?
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To what extent is a duty of utmost good faith implied in insurance contracts?
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Do other implied terms arise in consumer insurance contracts?
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Are there limitations on insurers’ right to rely on defences in certain types of compulsory insurance, where the policy is designed to respond to claims by third parties?
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What is the usual trigger for cover under insurance policies covering first party losses, or liability claims? Are there limitation periods for the commencement of an action against the insurer?
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Which types of loss are typically excluded in insurance contracts?
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Do the courts typically construe ambiguity in policy wordings in favour of the insured?
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Does a ‘but for’ or ‘proximate’ test of causation apply, and how is this applied in wide-area damage scenarios?
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What is the legal position if loss results from multiple causes?
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What remedies are available to insurers for breach of policy terms, including minor or unintentional breaches?
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Where a policy provides cover for more than one insured party, does a breach of policy terms by one party invalidate cover for all the policyholders?
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Where insurers decline cover for claims, are policyholders still required to comply with policy conditions?
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How is quantum assessed, once entitlement to recover under the policy is established?
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Where a policy provides for reinstatement of damaged property, are pre-existing plans for a change of use relevant to calculation of the recoverable loss?
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After paying claims, are insurers able to pursue subrogated recoveries against third parties responsible for the loss? How would any such recoveries be distributed as between the insurer and insured?
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Is there a right to claim damages in the event of late payment by an insurer?
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Can claims be made against insurance policies taken out by companies which have since become insolvent?
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To what extent are class action or group litigation options available to facilitate bulk insurance claims in the local courts?
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What are the biggest challenges facing the insurance disputes sector currently in your region?
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How do you envisage technology affecting insurance disputes in your jurisdiction in the next 5 years?
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What are the significant trends and developments in insurance disputes within your jurisdiction in recent years?
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Where in your opinion are the biggest growth areas within the insurance disputes sector?
United Arab Emirates: Insurance Disputes
This country-specific Q&A provides an overview of Insurance Disputes laws and regulations applicable in United Arab Emirates.