Know the steps to secure payouts – what the law says
Question: My wife and I insured our lives with an insurance company for a certain amount, payable to either of us in the event of the other’s death. After paying some premiums, my insured wife died in her home country outside the UAE. I claimed the insurance amount from the company. However, the company refused to pay, claiming it is not convinced by the death certificates issued in my wife’s home country. What procedure should be followed in this case?
Answer: You need to file a lawsuit in court and let the court decide on the validity of the death certificate and any submitted evidence. Determining whether the insured has died or is still alive is a factual matter that falls under the court’s jurisdiction.
According to Article 1046 of the Civil Transactions Law, you have the right to receive the agreed-upon amount if you can prove the death of your wife. The article states:
“The insurer, in the case of life insurance, is bound to pay, to the insured or to the beneficiary, the sums agreed upon the occurrence of the event insured against or on the maturity date stipulated in the contract, without the need to establish the damages sustained by the insured or the beneficiary.”
Article 1050 of the same law adds:
“If the insurance is made for the benefit of the spouse of the insured, his sons, descendants, or heirs, the sum assured shall be due to those who effectively have these qualifications at the death of the insured.”
However, the death certificate must be attested by the relevant authorities in your wife’s home country and by the corresponding UAE ministry in order to be accepted as valid evidence by the court.
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