المملكة: 5 years to hear insurance claims, 30 days to write them off, and comprehensive regulation of procedures

The Council of Ministers approved the rules and procedures for the work of the committees for resolving insurance disputes and violations affiliated with Insurance disputesFive years after the due date of the amount in question, unless the concerned party presents an excuse accepted by the competent adjudication committees.

The due date is determined in accordance with what is determined by the applicable regulations or according to what the parties to the insurance relationship agree upon, provided that payment over time is based on the request of one of the parties to the lawsuit or who has an interest, and the committee may not rule on its own initiative.

Consideration of Claims

The rules require that all procedures be written in the language Arabic, while allowing the use of a certified translator when hearing the statements of parties, witnesses, or experts who are not native speakers, in a way that ensures the accuracy of the procedures and the integrity of the documentation.

The committees permitted the reception of pleadings orally or remotely, whether on their own initiative or at the request of one of the litigants, with proof of this in the minutes of the sessions, and they were given the authority to set sufficient periods to enable the parties to view the documents.

The rules confirmed that the issuance of decisions could take place without the need to hold a dedicated session. To pronounce it, whenever the committee deems that the elements of adjudicating the case have been completed, provided that notifying the parties of the decision to close the case is considered a completion of the procedures.

The rules made it clear that the consideration of cases is held by the primary committees within the scope of the defendant’s residence, while in the case of legal persons, the locations of the main headquarters or the relevant branches are taken into account, according to the scopes determined by the Board of Directors of the regulating body.

The rules also dealt with regulating cases of absence of the parties to the case, as they authorized the committees Cancellation of the case if the plaintiff is absent from any session of which he was proven to have been notified without providing an excuse acceptable to the committee.

If thirty days have passed from the date of cancellation without a request to proceed with the case or failure to appear again, the committee has the right to issue a decision deeming the case as if it did not exist, while providing the right to file a new claim through independent procedures.

The rules consider that the decision issued against the defendant is in attendance if he or his representative is absent after being notified, while the party is considered absent if he does not appear during Thirty minutes from the time specified for the session, with the committee being given the authority to extend this period as it deems appropriate, provided that the party is not deprived of his right if he attends during the permitted time.

The rules give the committees the right to delegate one or more experts when needed to express an opinion on technical matters, provided that the decision to delegate determines the expert’s mission, duration, powers, and permissible urgent procedures, in addition to specifying the entity that bears the fees for the expertise.

The committee also authorized the committee to bear the fees temporarily during an investigation. The rules stipulate that a copy of the decision be delivered to the parties to the case within a period not exceeding thirty days from the date of its issuance, with the possibility of extending this period by no more than fifteen additional days in accordance with what is decided by the competent committees. Limiting the right to appeal to the person against whom the decision was issued or who did not obtain all of his requests, while preventing the submission of new requests during the appeal stage.

The relevant legal controls that apply to appeal procedures were also specified in accordance with the nature of insurance disputes.

The rules allowed the parties to agree to stop the proceeding of the case for a period not exceeding ninety days, with the possibility of extending it again for the same period. In the event that the case is not requested to proceed within ten days from the end of the suspension period, the case shall be considered as if it did not exist. A decision will be issued to delete it permanently.

The rules permit the submission of the application in cases that require it according to specific controls, provided that it is submitted in an official newspaper containing the data of the decision and its reasons. The application is considered submitted from the date of its registration with the General Secretariat, which studies it and decides on it in accordance with the approved procedures.

The rules regulate the cases in which the plaintiff is considered to have abandoned his claim, in the event that he does not respond to the committee’s requests related to the essential procedures within the specified period, with the possibility of granting him An additional extension not to exceed fifteen days, and in the event of continued non-response, the committee shall issue its decision deeming the case as if it had not existed.

The rules also permit the suspension of the proceeding of the case by agreement of the parties for a period not exceeding ninety days, with the possibility of a similar extension. In the event of a request not to resume the proceeding within a specific period, the case shall be considered closed, with the possibility of restarting it if the reasons for the suspension are no longer present. It is counted within the regular period, and the appointments end with the end of the last day, and if it falls on an official holiday, the appointment is extended to the first working day that follows, with careful regulation of calculating the hours within the specified hourly periods.

The rules assigned the General Secretariat of the Committees for Resolution of Insurance Disputes and Violations broad administrative and organizational tasks, including registering claims and requests, referring them to the relevant committees, notifying the parties electronically or manually, receiving and processing requests, in addition to studying the claims from all aspects Systematic, technical and accounting.

The General Secretariat is responsible for following up on reporting procedures, appointments and correspondence with relevant authorities, organizing and preserving records and documents, preparing periodic reports and statistics, drafting and reviewing decisions before adopting them, in addition to organizing committee meetings and setting session dates in a way that ensures good workflow and continuity of performance with high efficiency.

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