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Insurance claim of widow and son rejected

DUBAI — After hearing testimonies of the plaintiff and arguments of the defence lawyers, and reviewing the necessary documents pertaining to the claim of a widow and her son, Bojwandas Kishabji, who demanded a sum of $50,000 — equivalent to Dh183, 500 from the Alliance Insurance Company — the Dubai Civil Court has turned down their case and cancelled the insurance contracts.

The widow’s claim was based on Late Bojwandas’s life insurance of $50,000 (dating May 10, 2000) at the Insurance Alliance Company. He wrote a will indicating that the beneficiaries in the case of his death would be his wife and son.

On July 21, 2004, Bojwandas died, after which his wife and son asked the insurance company to pay the said amount. But the company refused to pay and claimed that that the late Bojwandas had concealed the ailments he suffered at the time of starting a policy. However, Bojwandas had conducted a general medical examination which never indicated his ailment — he suffered from a long infection ten years ago.

The plaintiff — Insurance Alliance Company — claimed that the medical check-up he cleared was not enough, and he should have informed the company of his past medical history as per Article No. 1032 of the Civil Law. According to the report provided by Welcare Hospital, the cause of his death was lung complication and high blood pressure, and a similar medical history obtained from a reputed hospital in Mumbai in 2003 confirmed that he was suffering from the same ailment.

Another report provided by the Dubai Department of Health and Medical Services on June 28, 2004, showed that he encountered difficulties in his respiratory system and lungs for nine years. The wife and son in the insurance form claimed that the late Bojwandas was healthy and that he never visited a doctor in the last five years. Based on this fact, and documents provided by the plaintiff, the court rejected the claim of the widow and her son.

Dr Mohammed Abdulla Alrukh, the advocate for the Alliance Insurance Company said that during the signing of the insurance contract, the person should provide all information regarding his health. Even if he has some disease, the insurance company can still make the life insurance, but it will increase the insurance premium.

• UAE