An insurance policy condition that defeats cover is void unless printed conspicuously, and courts must rule on that objection

Federal Supreme Court, Commercial Appeal No. 1444 of 2022, judgment of 25 April 2023

Court
Federal Supreme Courtالمحكمة الاتحادية العليا
Case
Federal Supreme Court, Commercial Appeal No. 1444 of 2022, judgment of 25 April 2023
Arabic citation
الطعن رقم 1444 لسنة 2022 تجاري، جلسة 25/4/2023
Topics
Banking & finance · Commercial law · Civil law
Laws applied
Civil Transactions Law 1985 (repealed)
The judgment
Read it on moj.gov.ae ↗ (Federal Supreme Court Technical Office, Collection of Judgments 2023 (Ministry of Justice), pp. 312-314)
Summary written
1 November 2026
Print

The principle

Under Article 1028(1)(c) of the Civil Transactions Law, a printed condition in an insurance policy relating to a circumstance that leads to the avoidance of the contract or the lapse of the insured's right is void unless it is shown conspicuously, set apart from the other conditions. A court that relies on such a condition to deny cover must deal with the insured's objection that the condition was not printed prominently; failing to do so is deficient reasoning and a breach of the right of defence.

The case and the decision

A company insured under a comprehensive all-risks policy suffered a fire at its warehouse on 1 June 2020 while steel sheets were being cut. The insurer refused to pay, arguing that the work had been done without notifying it, in breach of policy conditions. The insured took the matter to the insurance dispute settlement committee, which ordered the insurer to pay AED 2,696,165. The insurer challenged that decision in court. On 29 March 2022 the court of first instance dismissed the challenge and upheld the committee's decision. On appeal, the court appointed an insurance expert, who concluded that the damage fell outside the cover because the insured had breached condition FC (07), which required the insurer's written consent and an additional premium for welding work. On 29 September 2022 the appeal court reversed and set aside the committee's decision. The insured appealed, relying on Article 1028 of the Civil Transactions Law and Article 7 of the Insurance Authority Board's Regulation No. 3 of 2010, under which a printed clause that is not shown clearly (in bold or a different colour), and that relates to a circumstance leading to the avoidance of the contract or the lapse of the insured's right, is void. The Federal Supreme Court held that Article 1028(1)(c), which governs insurance contracts, makes such a printed condition void unless it is prominent and distinguished from the other conditions. The insured had raised this before the appeal court, but the judgment relied on condition FC (07) to exclude the fire and defeat the insured's right without answering that essential defence. The judgment was deficient and breached the right of defence. It was quashed and the case remitted.

Why it matters

Insurers commonly rely on hot-works, notification and similar conditions to decline property claims. Under the 1985 Civil Transactions Law, which governed this policy, such conditions had to be conspicuous to be enforceable, and a court must rule on the objection when the insured raises it. The 1985 Law has since been replaced by Federal Decree-Law No. 25 of 2025.

Laws applied

Article 1028(1)(c) of Federal Law No. 5 of 1985 (Civil Transactions Law) — text of article 1028
Decided under this law; it has been replaced by Civil Transactions Law 2025.
Article 7 of Insurance Authority Board Regulation No. 3 of 2010, as invoked by the insured

In the court’s words

“بطلان الشرط المطبوع المتعلق بحالة من الأحوال التي تؤدي إلى بطلان العقد أو سقوط حق المؤمن له إذا لم يكن بارزا بشكل ظاهر يميزه عن باقي الشروط”

Short quotation from the judgment as published by the court. The full judgment is on the court’s official service.

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Source. Summary written by Polaris from the judgment published by the Federal Supreme Court on moj.gov.ae (Federal Supreme Court Technical Office, Collection of Judgments 2023 (Ministry of Justice), pp. 312-314), read on 1 November 2026. Party names are anonymised in the court’s publication.
Published for general information by Polaris Corporate Services FZ-LLC. It is not legal advice. This page is a summary written by Polaris; it is not the judgment and is not an official translation. Read the judgment on the court’s official service before relying on it. A judgment decides the dispute before the court; its weight in a later case depends on the court, the facts and any later change in the law or in the court’s own case law.

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