Date of Award
Doctor of Juridical Science (SJD)
Insurance industry generally revolves around financial risks, and the business of insurance companies is reliant on the resolution of claims that arise from these risks associated with insurance policies. In fact, insurance companies routinely adjust claims and provide indemnities to the insureds or beneficiaries. In some cases, however, the resolution of claims may falter, resulting in disputes that involve conflicting views between the insurer and insured on the eligibility of indemnity. Hence, this requires the existence of an effective and smooth mechanism that guarantees the end of such conflicts and protects the rights of the parties involved in insurance contracts.
Noting this significance, the Saudi legislature created a mechanism for resolving insurance disputes in 2003, represented by the current Insurance Dispute Committees that operate within the framework of the Saudi Arabian Monetary Authority (SAMA). This initiative has made substantial achievements in supporting the insurance industry in the Kingdom. It has also considerably increased the confidence of individuals in engaging in the insurance contract, especially when compared to the previous period when insurance disputes were resolved through the efforts of the Ministry of Commerce and mandatory arbitration.
Despite the achievements and the progress made by the existing mechanism, this dissertation focuses on reevaluating it, and discussing whether it can be amended to keep pace with future developments of the insurance sector in light of the Kingdom's Vision 2030. Specifically, this study explores the challenges facing the current mechanism and the effects of these challenges on either the Insurance Committees or litigants. The study then examines the proposed steps to overcome these challenges within the framework of the Saudi legal system, which is fundamentally based on the principles of Sharia.
Alsheha, Saleh, "The Current System of Resolving Insurance Disputes in Saudi Arabia: Its Weaknesses and Ways of Developing It" (2020). Maurer Theses and Dissertations. 78.