A “suspended ceiling” costs an insurance company 4.5 million dirhams

The Dubai Civil Court of First Instance dismissed an action brought by an insurance company claiming compensation of four million and 512,000 dirhams to the owners of a building in Dubai as a result of the collapse of the suspended ceiling of a high-quality furniture exhibition as a result of a fault in the drainage of rainwater, which led to serious damage to furniture, in addition to equipment The exhibition, which cost an insurance company to pay 4.5 million dirhams to the furniture company, and to refer to the owners of the building and the insurance company engaged in insuring the property and the company managing it to recover the replacement value.

According to the case filed by the insurance company, the incident happened on November 10, 2019, when the country experienced heavy rain, which penetrated the interior of a furniture exhibition with high quality furniture and damaged its equipment.

It reported that rain was flowing from horizontal air-conditioning holes installed in the attic to a warehouse, and the suspended ceiling was falling and there was no way to insulate the drain line, causing the water to continue flowing into the building until the airport stopped.

She pointed out that according to the technical report, the damage occurred as a result of failure of the rain drain pipe in the roof space above the lowered ceiling on the ground floor, pointing out that this pipe belongs to the building owners and is not under the furniture company’s care or responsibility.

The insurance company explained that in the presence of an insurance policy with the furniture company issued a transfer to the furniture company for four million and 512 thousand dirhams, the value of the damages, and it has the right to return to the original cause of the damages, namely the owners of the building , the company that manages it, and the insured company, to get the amount paid back.

The other defendant, “the insured company for the building”, for its part, dismissed the action and submitted a memorandum requesting that the defect causing the damage on the part of the “insured” owner was not proved as he was not aware of it. of the decoration work, the false ceiling and the alterations made in the shop, and the furniture company bears responsibility for damages by 100%, which confirms the inaccuracy of the estimate of compensation claimed by the applicant.

After reviewing the case, the district court concluded that the case documents lacked an error attributable to any of the defendants, as the court, after reviewing all other papers, determined that the damaged building was erected in 2005 and was built in and approved by the City of Dubai and that its rainwater drainage system complies with sound standards and the applicant has not provided evidence to the contrary.

She explained that what is proven in the papers is that the furniture company built a false ceiling two years before the leak and that the pipe from which the leak originated was hidden under the suspended surface, preventing any review of any damage or defects, which happens to it except through the company that owns the exhibition and then there is no evidence. However, neither the owners of the building nor their insurance company are responsible for the damage caused.

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