Despite his approval of the company’s agent that he suffers from diabetes and pressure, the insurance company agent did not write down in a life insurance agreement for a Bahraini of 360 thousand dollars, and when he was subjected to complications from work and the movement, he asked the insurance company to pay the policy, to be alleged to not disclose these diseases, but the civil courts of all degrees confirmed that the prosecutor’s disclosure of the company was proven to be sick, by disclosing the delegate As an agent of the defendant, and allowed him to conclude the contract on his behalf, which is considered a disclosure of it, and ruled that the defendant compel the temporary amount of 13 thousand dollars, while another lawsuit was filed to request the rest of the amount.
The facts of the conflict dates back to 2013, according to lawyer Jalal Rabie, the prosecutor, where his client concluded an insurance policy contract with the defendant company with a total insurance amount of 360 thousand dollars at the rate of -/1,500 dollars per month for 20 years, in exchange for a quarterly section that is obligated to pay the insured for a month For the insurance company, and that, according to the additional contract attached to the policy, the defendant secured the permanent deficit of the insured prosecutor in accordance with the estate in the third part of it.
The prosecutor explained that the contract took place at the time through the sales representative of the defendant, who only took the prosecutor’s signing of Bayda with the required boxes in all the approved disclosure forms of the defendant, then the delegate filled the apparent forms in advance of the prosecutor, and then instructed the defendant to the plaintiff to go to the medical examination before concluding the insurance policy to detect the extent of the extent Its healthy fitness and verification of the presence of chronic diseases, in the approved medical center and at its expense.
However, the plaintiff was subjected to several health cakes that made him unable to move and work, which prompted him to communicate with the insurance company to receive the amount of insurance for the insured danger from him, which is the deficit and injuries according to the constant in the insurance policy, while providing all medical reports that prove the health status of the prosecutor, in order to achieve the insured risk, but the insurance company refused to disburse the amount of insurance due on a claim from saying that the prosecutor has diabetes, and he did not disclose that information The defendant is during the conclusion of the insurance policy.
The plaintiff filed a lawsuit to demand that the defendant be obligated to the temporary amount of 13 thousand dollars or its equivalent in the dinar,
On 12/20/2023, the Civil Grand Court ruled, and before deciding on the matter to refer the lawsuit for the investigation to prove the plaintiff and all the legal proof methods, including the testimony of witnesses and the conditions of conditions – his disclosure of the defendant about the truth of his health condition when the life insurance contract was concluded by the support of the support, and the court stated to the defendant in the same way, and the court heard the witness of the proof ” In 2013 with the defendant by her delegate, and that the latter asked him to obtain his father’s signature on the insurance application form, and left the rest of the data to fill the delegate himself, and that he stated to the delegate that his father had diabetes and pressure, but the latter did not mention this in the request.
The court indicated in the reasons for the ruling that the plaintiff’s disclosure of the company was proven to have diabetes, starting with the contract in 2013, as well as when the document was reconciled after stopping the payment of installments in 2019 according to what the two parties decided, by disclosing the delegate as an agent of the defendant, which allowed him to conclude the contract on his behalf is a disclosure of it.
The court added: “And where it has been proven to the court, the insured danger was achieved in the additional contract issued regarding the insurance coverage against the deficit in the interest of the insured, the plaintiff, and the two parties had agreed according to the additional contract in the third part of the entitlement of 100% of the value of the monthly insurance amount in the event of the loss of the loss, and the experience of the expertise attached to the papers, which the court was reassured about in what he decided to calculate the percentage of injuries. Attached to the agreement of the parties to the prosecutor’s entitlement to the entire amount of the monthly benefit of the rate of the rate of the amount of the month -/1500 dollars, and it was clear from the agreement of the parties that the commitment of the defendant is to pay the benefit due monthly for a period of 20 years of the life of the insured.
The court indicated that the prosecutor had several health setbacks, which led to his inability to move, which led him to under this lawsuit to stabilize his right to his full entitlement to the amount of insurance of 360 thousand dollars, and therefore the insured danger may be fulfilled, which requires the prosecutor’s entitlement to the full insurance amount, according to the fixed in the insurance policy for the life concluded and what was joined and based on the final rulings And the one who has the strength of the order to be judged as fulfills all the methods of appeal prescribed in the law and the judiciary.
The Great Court ruled that the defendant compel the defendant to perform the plaintiff of $ 13,265.15 or its equivalent in the Bahraini dinar, and the judicial fees and 1,790 dinars were required for the expert’s fees and an amount of 1000 dinars in exchange for the legal fees.
However, the insurance company did not accept the ruling, challenged it to appeal, and the court ruled to accept the appeal in form, and in the matter by rejecting it and supporting the appealed judgment, and obligated the appellant to the expenses and the amount of fifty dinars in exchange for the legal fees, the company did not despair, and decided to appeal the discrimination as the court decided in the counseling room not to accept the appeal, and the appellant obligated the expenses and 100 dinars.
