When a Life Insurance Claim is Denied After a Death Overseas: What UAE Law Says and What You Can Do

Dubious foreign death certificates are one of the most frequent causes for insurers to reject life insurance claims involving deaths that occur outside the UAE. Beneficiaries often find themselves stuck in a legal limbo: the insurer doubts the foreign documentation, while the beneficiary insists on their right under law to receive the sum assured.

 

Here’s how the UAE’s legal regime handles these disputes -- and what steps you should follow to enforce your rights.

 

Legal Foundation in UAE Law

Under the UAE’s Civil Transactions Law (Federal Decree-Law No. 5 of 1985) (as amended) (commonly referred to as the “Civil Transactions Law”) the following principles are relevant:

 

• Article 1046 establishes that in life insurance, when the insured event occurs (i.e. death), the insurer is obliged to pay the sum agreed without needing the beneficiary to prove the amount of damage.

• Article 1050 further specifies that if the insurance is for the benefit of a spouse, descendants or heirs, the assured sum is due to those persons who qualify at the time of the insured’s death.

• The law also recognizes (Article 72) that the fact of death may be proved by any legal means if the formal records are insufficient. Under UAE law, where a registry entry is lacking or contested, “any legal means of proof” may be invoked. (This is from the law’s general provisions on proof of death.)

 

Thus, the insurer cannot refuse to pay purely on the ground that the certificate comes from overseas -- what matters is whether the death is credibly proved in court or via admissible evidence.

 

Another legal dimension is that, under UAE conflict-of-law rules (in the Civil Transactions Law, Article 10 and related provisions), UAE law is applicable to contractual obligations performed in the UAE unless otherwise agreed. 

 

Because life insurance contracts issued in the UAE are governed by UAE law, the insurer’s obligations (including settlement of valid death claims) must be judged under UAE law (unless the contract clearly chooses a different governing law).

 

In practice, this means that even if death occurs abroad, the UAE court will decide whether the foreign death certificate and evidence suffice to satisfy its standard of proof.

 

Why Insurers Reject Foreign Death-based Claims

In real life, insurers often rely on several practical and risk-management considerations to resist paying:

 

1. Doubts about authenticity: The insurer may challenge the genuineness of the foreign death certificate, claiming risk of forgery or error.

2. Lack of attestation: The certificate might lack proper legalization or apostille/embassy attestation that renders it acceptable in UAE legal processes.

3. Inadequate supporting evidence: The insurer may demand additional medical records, autopsy reports, police or inquest records, or other corroborating proofs.

4. Policy exclusions or conditions: Some policies include geographical or “contestability period” clauses which restrict claims for deaths abroad or in the early years of the policy.

5. Delay tactic: Insurers may delay claims to force the claimant to abandon or weaken their position.

 

Because of these issues, beneficiaries in such cases are often forced into litigation.

 

What Steps to Take if Your Claim is Denied

When you find yourself in the situation described (death abroad, insurer rejecting the claim on grounds of documentary doubts), below is a structured roadmap:

 

1. Gather all documentation

   • Obtain the original death certificate issued in the deceased’s home country.

     • Secure related medical records, autopsy reports (if available), police/inquest reports, hospital records, and other ancillary documents supporting cause of death.

     • Translate all documents into Arabic (or a court-accepted language) and ensure translations are certified.

        

2. Legalization / attestation of the death certificate

   • The death certificate issued abroad must be legalized or attested by the competent authorities in the country of issuance (e.g. ministries, notary, foreign affairs).

     • Then it must be further attested by the UAE embassy/consulate in that country (or via relevant diplomatic channels).

     • Finally, it must receive attestation (or certification) by the UAE Ministry of Foreign Affairs. 

     • In some jurisdictions where apostille is applicable, an apostille may substitute, but only if both countries are parties to the Hague Apostille Convention and the certificate is accepted accordingly.

        

3. Submit a formal claim again, presenting the attested certificate + additional evidence

   • Send a written claim (with all documents) to the insurer, demanding payment under the policy.

     • Request that they reconsider rejection based on the newly attested evidence.

        

4. If insurer still refuses, file a lawsuit in UAE court

   • Under UAE procedure, you must file a civil claim (or perhaps a declaratory action) seeking judicial determination that the death occurred and that the insurer must pay the policy amount.

     • The court will examine the evidence, including whether the foreign death certificate is credible and whether it satisfies legal proof standards.

     • The court has the power to decide on the validity of the certificate and accept or reject it as proof.

        

5. Rely on legal presumptions and standards of proof

   • The court may apply presumptions (e.g. presumption of life or death) but these can be rebutted by strong evidence.

     • The standard is not “absolute certainty” but credible proof according to the court’s view of all evidence, including documents, expert testimony, and other corroboration.

        

6. Possible interim relief

   • In long cases, a court might grant interim relief (advance payment) if you can show urgent need and high likelihood of success, though this is discretionary.

      

7. Costs, appeals, enforcement

   • Be prepared for legal costs.

   • If you win, you’ll need to enforce the judgment. The insurer will be ordered to pay.

   • If they appeal, the matter might extend for months or years.

      

Practical Tips to Strengthen Your Case

• Act swiftly: Do not delay getting attestation and collecting supporting records. Some documents may be lost or deteriorate with time.

• Use diplomatic channels: Where possible, you may request assistance from your country’s embassy or consulate to help authenticate or liaise with local authorities.

• Expert reports: Consider engaging medical or forensic experts to connect evidence (e.g. cause, time, identity) and help the court interpret foreign records.

• Maintain a chain of custody: Make sure that the documents always remain in original form, with proper seals, stamps, and no suspicious amendments.

• Seek local legal representation: A UAE-licensed lawyer experienced in insurance litigation is essential -- they understand how courts assess foreign evidence and proof.

• Check policy terms: Review whether your policy has clauses restricting foreign death claims or requiring particular proof or procedures (e.g. notifying insurer promptly, furnishing evidence of foreign jurisdiction, etc.).

• Be patient: Such cases can take time, especially when courts scrutinize foreign documents.

 

Key Takeaway

In the UAE, an insurer’s refusal to honor a life insurance claim just because death occurred abroad does not automatically prevail under law. The Civil Transactions Law mandates payment of the sum assured once the insured event is proved, and courts have authority to assess the validity of foreign documents. Your path forward is to legalize/attest the foreign death certificate, gather comprehensive supporting evidence, press the insurer, and if necessary, bring a lawsuit in a UAE court to obtain a binding judgment in your favour. 

 

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