Today, I am proud to share a hard-earned victory for AWS Legal Group and our valued client.

This wasn’t just a legal case.

It was a test of perseverance, legal strategy, and belief in justice over a grueling three-year journey.

The Case in Brief:

In mid-2022, our client fell victim to a fraudulent scheme orchestrated by a group of individuals who presented a counterfeit manager’s cheque under the pretense of purchasing a vehicle.

Claiming they needed to “test drive” the car before finalizing the deal, they took the vehicle and never returned it.

Despite initiating a criminal case in Abu Dhabi, the investigation progressed slowly and ultimately concluded with the case being filed against “unknown persons.”

The matter was classified as fraud, not theft, creating a legal challenge, as insurance companies typically deny compensation for fraud, covering only theft under standard policies.

The Legal Challenge:

Faced with this complexity, we initially applied to the Insurance Dispute Settlement Committee as required under UAE law.

Unsurprisingly, the Committee rejected our client’s claim, adhering to the standard interpretation that fraud was not compensable under the insurance policy.

With limited legal precedent supporting coverage for fraud-related vehicle loss, our client’s last resort was an appeal.

Given that the claim amounted to AED 460,000, there would be no cassation stage, this was our final opportunity.

The Turning Point:

Our senior associate, Mr. Rashed, spearheaded the appeal, crafting a powerful legal argument.

Despite our efforts, we remained cautious.

The nature of the claim, the lack of precedent, and the prolonged journey made it difficult to remain optimistic.

Throughout this time, our client continued making loan installments on a car that was no longer in their possession following our advice, as we knew that giving up could forfeit any chance of future compensation.

The Outcome:

Finally, after years of legal battles, the Abu Dhabi Commercial Court of Appeal delivered a resounding judgment in favor of our client.

The court ordered the insurance company to pay AED 446,400 (the value of the vehicle) plus legal fees.

This case is more than just a win for one individual.

It represents a critical precedent in UAE insurance law.

It affirms that insurers cannot evade liability for vehicle losses arising from fraud when the policy covers theft, even in the absence of a criminal conviction or identified perpetrators.

Final Thoughts:

This victory underscores the values that define AWS Legal Group.

Resilience, innovation, and unwavering commitment to justice.

I extend my heartfelt gratitude to Mr. Rashed and the entire team for their outstanding work.

Let this case serve as an inspiration.

That even in the most uncertain legal terrain, with dedication and strong advocacy, Justice can prevail.