Insurance Survey Reports Do Not Hold Ultimate Authority And Can Be Disregarded If They're Arbitrary In Nature: National Consumer Commission
1 year ago

Insurance Survey Reports Do Not Hold Ultimate Authority And Can Be Disregarded If They're Arbitrary In Nature: National Consumer Commission

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra And Sadhna Shanker, held New India Assurance liable for deficiency in service due to the denial of an insurance claim over an arbitrary survey report. Contentions of the Opposite Party The insurance company argued that the complaint should be dismissed because the Zonal Manager of New India Assurance Company Limited wasn't included as a party, making the complaint invalid. The commission found it concerning that the surveyor disregarded all the documentary evidence presented by the insured, including audited balance sheets, profit and loss accounts, purchase and sales bills, and sales tax returns, which supported their claim that the stock's value at the time of the fire was Rs. Additionally, the commission emphasized that the State Commission relied on income tax return copies to conclude that if the return showed zero tax payable, the claimed stock value must be incorrect.

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History of this topic

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC
3 months ago

Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. The surveyor found 46.667% under-insurance for the building and stated machinery and potato stocks were not covered under the …

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC
3 months, 1 week ago

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra in an appeal against United India Insurance held that a surveyor's report is mandatory for insurance claims and it can only be rejected on reasonable grounds. The surveyor found 46.667% under-insurance for the building and stated machinery and potato stocks were not covered under the …

Repudiation Of Insurance Claim Without Proper Notice Is Evasive: NCDRC
7 months, 2 weeks ago

Repudiation Of Insurance Claim Without Proper Notice Is Evasive: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Mr. Binoy Kumar and Justice Sudip Ahluwalia, held that denying the claim without prior notice or sharing the survey report is deceptive in nature. The insurer cited the Supreme Court's decision in Suraj Mal Ram Niwas Oil Mills Ltd. v. United India Insurance Co. Ltd., which requires a strict interpretation of insurance …

Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC
8 months, 3 weeks ago

Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Ram Surat Maurya, allowed an appeal by United India Insurance and held that the surveyor's report in an insurance cannot be rejected unless proved to be arbitrary and unreasonable. Brief Facts of the Case The complainant, a poultry feed producer, stored raw and finished materials in a building insured by United …

Directly Remitting Insurance Claim Amount Without Mutual Consent Is Unfair Trade Practice: NCDRC
9 months, 2 weeks ago

Directly Remitting Insurance Claim Amount Without Mutual Consent Is Unfair Trade Practice: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held New India Assurance liable for unfair trade practice for directly depositing the insurance claim amount into the insured's account with arbitrary deductions and without mutual consent. Contentions of the Insurer The insurer argued that the State Commission erred in disregarding the surveyor's report mandated …

Undervaluation Of Claim Amount, Surveyor Report Not Binding: Chandigarh District Commission Holds New India Assurance Co. Liable
11 months ago

Undervaluation Of Claim Amount, Surveyor Report Not Binding: Chandigarh District Commission Holds New India Assurance Co. Liable

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The District Consumer Disputes Redressal Commission-II, U.T. Sharma held New India Assurance Company liable for not honouring the complete claim for the insured stock which was burned down due to a fire accident. Observations by the District Commission: The District Commission noted that the appointed surveyor was provided with all necessary documentation, including a trading account indicating a stock value …

Surveyor's Report Can't Be Disregarded Without Valid Reasons, Delhi State Commission Dismisses Appeal Against National Insurance Co. Ltd.
1 year ago

Surveyor's Report Can't Be Disregarded Without Valid Reasons, Delhi State Commission Dismisses Appeal Against National Insurance Co. Ltd.

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal and Pinki dismissed an appeal against the National Insurance Company Ltd. The State Commission concluded that the Insurance Company rightly repudiated the insurance claim covering burglary risk by acting upon the surveyor's report as it is. After examining these documents, the District Commission agreed with the Insurance …

“Delay In Providing Information To The Insurance Company Is Not Fatal To Seeking A Claim”: East Delhi District Commission Orders Insurance Company to Pay compensation
1 year, 4 months ago

“Delay In Providing Information To The Insurance Company Is Not Fatal To Seeking A Claim”: East Delhi District Commission Orders Insurance Company to Pay compensation

Live Law  

The East Delhi District Consumer Disputes Redressal Commission presided by Mr. S.S. Malhotra along with Ms. Rashmi Bansal and Mr. Ravi Kumar allowed a consumer complaint against an insurance company. The commission examined the facts and ultimately held that the rejection of the complainant's insurance claim amounted to a deficiency in service on the part of the insurance company. Observations …

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