Rules and Procedures of the Committees for the Resolution of Insurance Disputes and Violations

Article 1

Previous Amendments

The following words and phrases, wherever mentioned in these Rules, shall have the meanings assigned thereto unless the context

requires otherwise.

Minister: Minister of Finance.

Governor: Governor of the Saudi Central Bank .

Law: Cooperative Insurance Companies Control Law.

Rules: Rules and Procedures of the Committees for the Resolution of Insurance Disputes and Violations.

Primary Committees: Committees for the Resolution of Insurance Disputes and Violations provided for in Article 20 of the Law,

which have jurisdiction to resolve insurance disputes and violations .

Appellate Committee: The Committee set forth in Article 22 of the Law which has jurisdiction to resolve appeals filed by concerned

parties against the decisions of Primary Committees.

Committees: Primary Committees and the Appellate Committee.

General Secretariat of the Committees: General Secretariat of the Committees for the Resolution of Insurance Disputes and

Violations.

Ministerial Decision: A decision issued by the Minister in accordance with the Law or these Rules.

Article 2

Lawsuits relating to insurance disputes and violations shall be filed before the Primary Committees by any party having capacity or interest in the dispute in accordance with the procedures set forth in these Rules. The ministerial decision shall determine the manner for filing such lawsuits and the methods for service thereof.

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Article 3

A lawsuit shall be filed in Arabic pursuant to a petition which includes the original and a number of copies equal to the number of defendants. The petition shall include the following:
1. The full names, occupations, places of residence, identification numbers, and contact information of the plaintiff and his representative as well as the commercial register number in lawsuits filed by legal persons.
2. The full name, contact information, and place of residence of the defendant.
3. The filing date of the petition.
4. The subject matter of the lawsuit in detail, including the demands, supporting documents, and claimed amount.
If the plaintiff files a lawsuit against an insurance or reinsurance company to claim compensation or loss coverage, he shall include the denial letter issued by the defendant company or proof of the lapse of 15 days from the date the plaintiff claims compensation or loss coverage; proof of submission of the claim shall be provided and explicitly stated in the petition.
The plaintiff shall submit with the petition all the documents establishing his capacity or interest in the lawsuit. If the lawsuit is filed by an attorney-in-fact, a copy of the power of attorney and a copy of his identification card shall be attached.

Article 4

The Committees shall hold their meetings with all members present on the date and venue specified by the ministerial decision to decide lawsuits referred thereto after hearing the statements and defenses of the parties, without prejudice to Article 8 of these Rules.

Article 5

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Article 6

1. The jurisdiction to consider lawsuits of insurance disputes filed against insurance or reinsurance companies shall be with the Primary Committees within whose territorial jurisdiction the residence of the plaintiff is located if the plaintiff is a natural person, or within whose territorial jurisdiction the residence of the defendant is located if the plaintiff is a legal person.
2. Subject to paragraph (1) of this Article, the Minister shall determine the territorial jurisdiction of the Primary Committees.

Article 7

All means of proof may be used before the Committees, including electronic or computer-generated data, phone recordings, fax communications, emails, or text messages.

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Article 8

The Appellate Committee shall have jurisdiction to decide appeals filed by concerned parties against the decisions of Primary Committees. Said Committee may only review decisions in cases where the awarded amount is less than fifty thousand riyals.

Article 9

1. Lawsuits shall be considered pursuant to filed petitions, written defenses, or pleadings, and shall be decided in accordance with the laws and regulations relevant to the dispute, applicable rules, judicial precedents, and comparative jurisprudence relating to the resolution of insurance disputes and violations.
2. Primary Committee decisions shall be passed by majority vote. In case of a tie, the chairman of the Committee shall have the casting vote. Said decisions may be appealed before the Appellate Committee within 30 days from the date set for the delivery of the decision.
3. Appellate Committee decisions shall be passed by majority vote. In case of a tie, the chairman of the Committee shall have the casting vote. Said decisions shall be final and unappealable before any other authority.
4. Committee decisions shall include the names of the chairman and members of the Committee, the date of issuance of the decision, the full names of the parties and their attorneys-in-fact and a record of their attendance, a summary of the facts of the lawsuit and the parties’ demands, a brief summary of the defenses, and the grounds and text of the decision.

Article 10

Committees may decide claims presented thereto by any party seeking compensation for all lawsuit-related expenses, whether in the same lawsuit or in a separate lawsuit.

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