Liability of insurance co.
Anil Agrawal
(Querist) 10 April 2009
This query is : Resolved
An insurance company was informed about the damage to the building. No pre-inspection or survey was carried out by the company. yet, year after year, it has been renewing the policy. In case of damage to property now for whatever reason, what will be the liability of the company. In other words, it has been renewing the policy of the damaged property without survey and without making an endorsement in the policy and without charging any enhanced premium.
sanjay singh thakur
(Expert) 10 April 2009
Dear Mr. Anil
It appears from your query that the policy has been renewed without your consent and the premium against the same may have been realised from your account. You can validly file a consumer case for Unfair trade practice as well as deficiency in service on the part of insurance company. However compensation amount will depend upon the loss suffered by you and upon the sum insured.
Regards.
N.K.Assumi
(Expert) 11 April 2009
Dear Anil,
Insurance Company can not function without (S & LA) Surveyor and loss Assessor, who survey and carry out and conduct examination of plans, construction and fire protection system to assess the risks to a building and its contents or site and all other accidents and liability and engineering insurance etc.
In your case the insurance company insured your property without surveyor inspection in routine manner, if that is so, insurance can not raised defence in case of claim for damages to your property insured with the insurance.
Anil Agrawal
(Querist) 11 April 2009
Tks. The problem is that the company is now trying to cover up for their fault by continuing to renew the policy of a damaged property without survey or pre-inspection. They are all hand in glove for grabbing the premium.
N.K.Assumi
(Expert) 11 April 2009
your act and conduct is bonafide, and the fact shows that the insurance are at fault and they can not repudiate your claim, as the insurance can not make a unilateral repudiation, as they are legally bound to give you a fail hearing before repudiation of your claim. In your case Insurance has miserably failed to make a defence for repudiation.
Anil Agrawal
(Querist) 11 April 2009
Sir
I thank you for your considered opinion.
Anil
adv. rajeev ( rajoo )
(Expert) 11 April 2009
Co, cannot repudicate the calim when they have renewed the policy yearly. They are bound to pay the damages, if co., repudiates ur calim then u can move to the consumer court.
Sachin Bhatia
(Expert) 02 October 2009
It seems that the insurance company insured your property without surveyor inspection in routine manner, insurance can not raised defence in case of claim for damages to your property insured with the insurance. In this case company will be liable for compensation.
Anil Agrawal
(Querist) 02 October 2009
Remember 26 July 2005 the day of flood in Mumbai. My Society took advantage of water logging and lodged a claim for damage to the building to the tune of 95 lacs when no damage took place. All the records were fudged. When I met the insurance officials I got a classic reply. They claimed that since they have not paid the claim amount, they are not concerned with the false claim. Jai Ho. This is our India. They are not concerned with false bills, false reports of architects and false claim.
