Insurance litigation—Pakistan—Q&A guide
Insurance litigation—Pakistan—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—Pakistan—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

Insurance litigation—Pakistan—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in Pakistan published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: AHM & Co—Adam Hassan Malik; Saadat Ali Saeed

1. In what fora are insurance disputes litigated?

Hierarchical Jurisdiction

In Pakistan, insurance litigation is governed under special law (ie, Insurance Ordinance 2000). Accordingly, special insurance tribunals are constituted that have exclusive jurisdiction to adjudicate upon all the disputes arising out of an insurance contract regardless of the amount in the dispute.

If any party is unsatisfied with the decision of the insurance tribunal, it may bring an appeal before the High Court within 30 days of the decision. Any decision of the High Court can be challenged through an appeal before the Supreme Court of Pakistan. The procedure and limitation for the appeal depends on whether the decision of High Court and insurance tribunals are concurrent or varied.

Territorial jurisdiction

The basic principle of jurisdiction is applicable for insurance disputes and a suit can be brought before an insurance tribunal in whose jurisdiction the defendant is construed to habitually carry out its business or where the insured object is located.

This allows the insured to bring a claim in the city where the insurer's head office is located, or in the city, where the branch office of insurer

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