Triple limitation applies to claims arising from the insurance contract from the time that the incident occurred generated by the lawsuit [Article (752/1) civilian ([1])]. For example, a lawsuit claiming the insured for the insured amount of insurance, if the risk insured him, become obsolete in three years, beginning from the time of check this menace. And a lawsuit claiming the insurer to the insured installment due become obsolete in three years from the time of solutions in order to meet with justice.
However, there are two cases where start-applicability of statutory limitations in time is the time of the incident generated by the case, namely:
First - Time aware insured fact conceals a student of the data relating to insurance risk insured him or his data is incorrect or inaccurate about this risk . Triple limitation shall enter into force from this time and not from the time of the incident generated by the lawsuit [Article (752/2 {a}) Civil law ([2]).
Second - Time aware of the concerned parties that the insured risk will come of it . Limitation starts from this time and not from the time of the incident generated by the lawsuit [Article (752/2 {b} Civil law ([3]).
([1]) the first paragraph of Article (752) as a civilian "1 - statute of limitations for claims arising from the insurance contract expiry of three years from the time of the incident generated by these actions."
Article (1036) of the UAE Civil Transactions Law that "1 - you can not hear the lawsuits arising from the insurance contract after the expiry of three years from the occurrence of the incident, which generated about or aware of locating in interest
2 - does not come into force this period in the case of hide insured data on the risk of the insured from or submitted incorrect data only from the history of the insured so."
([2]) Regulation {a} of the second paragraph of Article (752) Civil law that "2 - however do not apply this period: (a) in the case of hiding data on risk insured him or provide incorrect data or inaccurate the only danger today the insured knew that."
([3]) Regulation {b} of the second paragraph of Article (752) Civil law that "2 - however do not apply this period: (b) in the case of the accident insured him only the day knew people with regard thereof."
التسميات
insurance claims