Third party liability of an Insurance company

Querist : Anonymous (Querist) 06 December 2009 This query is : Resolved
The Insurance company is denying its Third party liability to the accident victim, on the ground that the owner of the truck, causing the accident to the victim, had expired prior to issuing the Policy for the truck, thus the policy issued to the Truck becomes void.

Can the insurance company deny their Liability?

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Arvind Singh Chauhan (Expert) 06 December 2009
How can they deny, if the owner has died before the policy issued to the owner. How they insured the truck in the name of owner. it is fraud on the part of insurer. In many cases Honorably court accepted the liability of Insurance company from the date mentioned on the cover note issued by agent. So plz check the where about of policy.

Raj Kumar Makkad (Expert) 06 December 2009
File Claim petition against such company. Logcally company is right as on the date of issuance of policy the other party to the contract was no more hence the policy became void but

As the contract had already been entered and executed when the owner filled the agreement form which was duly accepted by insurance company and issuance of the policy was merely a formality intimating the policyholder the copy of policy containing the terms and conditions so contract is valid and it is operative on the legal heirs of the deceased.

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