Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC
7 months, 3 weeks ago

Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance liable for deficiency in service and held that the interpretation of insurance policy terms should consider the context and the parties' intentions and mere delay in informing the insurer of theft does not automatically repudiate the insurance claim. Observations by the National Commission The National Commission observed that in Jaina Construction Committee v. Oriental Insurance Co. Ltd., the Court held that although there was a delay in notifying the insurance company, the claim could not be denied solely on this basis, given that the theft was reported promptly to the police and the claim was verified as genuine. Furthermore, the commission cited the case of Dharmender v. United India Insurance Co. Ltd., wherein the Court ruled that a 78-day delay in notifying the insurance company about a stolen vehicle did not justify repudiating the claim, as the delay was not due to any lack of genuineness but rather procedural. Additionally, in Gurshinder Singh v. Shriram General Insurance Company Ltd., the Court emphasized that delays in informing the insurer when the theft was promptly reported to law enforcement and verified as genuine should not automatically invalidate the claim.

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History of this topic

Burn Injuries, Property Damage In Fire Due To Cylinder Leakage: NCDRC Directs BPCL To Pay Compensation
2 hours, 32 minutes ago

Burn Injuries, Property Damage In Fire Due To Cylinder Leakage: NCDRC Directs BPCL To Pay Compensation

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench of Mr. Subhash Chandra and AVM J. Rajendra has directed 'Bharat Petroleum Corporation Limited' to pay Rs. Feeling aggrieved, the Complainants filed a consumer complaint in the District Consumer Disputes Redressal Commission, Durg, Chhattisgarh against the Supplier, BPCL and the Insurance Company. Observations by the NCDRC: The NCDRC noted that the …

Delhi State Commission Holds Oriental Insurance Co. Liable For Wrongful Repudiation Of Valid Medical Claims
1 week, 1 day ago

Delhi State Commission Holds Oriental Insurance Co. Liable For Wrongful Repudiation Of Valid Medical Claims

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench of Justice Sangita Dhingra Sehgal and Mr J.P. Agrawal dismissed an appeal filed by 'Oriental Insurance Company' and held it liable for wrongful repudiation of valid medical claims based on an invalid exclusion clause. The District Commission held that the Insurance Company failed to properly supply the terms and conditions of the …

National Insurance Company Held Liable For Deficiency In Service For Denying Full Policy Amount To Complainant
1 month, 2 weeks ago

National Insurance Company Held Liable For Deficiency In Service For Denying Full Policy Amount To Complainant

Live Law  

The District Consumer District Redressal Commission Ernakulam held National Insurance Company Ltd liable for deficiency in service. Claiming the entitlement to receive the rest of the amount, the Complainant approached the Opposite Party stating that the Opposite Party was required to ensure the full payment of the policy amount. Hence, the Complainant approached the District Consumer Disputes Redressal Commission Ernakulam …

Delay In Settling Insurance Claim: NCDRC Holds Oriental Insurance Liable For Deficiency In Service
2 months, 4 weeks ago

Delay In Settling Insurance Claim: NCDRC Holds Oriental Insurance Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker held Oriental Insurance liable for deficiency in service over wrongful repudiation and delay in settling the insurance claim amount. Brief Facts of the Case The complainant insured their ferro alloy production unit with Oriental Insurance under a Standard Fire and Special Perils Policy, covering material …

Insurers Cannot Introduce New Repudiation Grounds : Delhi State Commission Holds National Insurance Liable
3 months ago

Insurers Cannot Introduce New Repudiation Grounds : Delhi State Commission Holds National Insurance Liable

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held National Insurance liable for deficiency in service over wrongful repudiation of legitimate insurance claims. Aggrieved, the insurer appealed before the State Commission of Delhi Contentions of the Insurer The insurer contended that the complainant violated policy conditions by failing to disclose a past fire incident. Observations …

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts
3 months ago

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts

Live Law  

The Baramulla District Consumer Disputes Redressal Commission has held Reliance General Insurance company liable for repudiating the genuine insurance claim of the complainant in an unreasonable manner. Brief background: The complainant purchased a vehicle truck TATA Signa from Fear Deal TATA motors in Srinagar and got it insured with Reliance General Insurance company for an amount of Rs. The Insurance …

Consumer Cases Annual Digest 2024 [Part -I]
3 months ago

Consumer Cases Annual Digest 2024 [Part -I]

Live Law  

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

NCDRC Holds Bajaj Insurance Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim
3 months ago

NCDRC Holds Bajaj Insurance Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Bajaj Allianz Life Insurance liable for deficiency in service over wrongful repudiation of a legitimate insurance claim and overturned the State Commission's order. Brief Facts of the Case The complainant's son had purchased a life insurance policy from Bajaj Allianz Life Insurance/insurer with an annual premium and a …

Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount
3 months, 1 week ago

Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount

Live Law  

The Uttarakhand State Commission, presided by Mr. M.K. Singh held National Insurance liable for deficiency in service and upheld the District Commission's order. Consequently, the insurer appealed before the State Commission of Uttarakhand. Contentions of the Insurer The insurer argued that the complainant breached policy terms and did not intimate the theft promptly. However, the complainant contended that the insurer …

Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC
3 months, 1 week ago

Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra overruled the State Commission's order against SBI and held that the insured cannot assume obligation on the bank's part to renew the policy unless agreed otherwise. The loan terms required the stock, machinery, and furniture to be insured with United India Insurance/insurer, with premiums deducted from the complainant's account. …

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

Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service
3 months, 2 weeks ago

Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice A.P. Sahi and Dr. Inder Jit Singh held that insurance policies should be read inclusively to meet the reasonable expectations of the insured. Brief Facts of the Case The complainant's deceased son had a life insurance policy from Life Insurance Corporation/insurer. After examining the insurance policy clauses, it concluded that the …

Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service
3 months, 2 weeks ago

Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that for an insurer to deny a legitimate claim, the violations alleged by them have to constitute a fundamental breach. Observations by the National Commission The National Commission observed that the central issue in this case was whether leaving the key in the vehicle was a fundamental breach …

Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC
3 months, 2 weeks 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 …

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence
3 months, 2 weeks ago

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence

Live Law  

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri and Mr. Rajesh K. Arya held 'New India Assurance Company Limited' liable for rejecting the insurance policy of the complainant on the basis of unreliable evidence about alcohol consumption by the complainant. Brief facts: The complainant insured his Honda Jazz car for ₹4,80,000/- with New India Assurance …

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service
3 months, 2 weeks ago

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Union Bank of India liable for deficiency in service owing to occurrence of unauthorized transactions. Contentions of the Bank The bank disputed the registered mobile number for the account and argued that the OTPs for the disputed transactions were sent to the complainant's registered number. Observations by the …

Telangana State Commission Holds LIC Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim
3 months, 3 weeks ago

Telangana State Commission Holds LIC Liable For Deficiency In Service Over Wrongful Repudiation Of Insurance Claim

Live Law  

The Telangana State Commission, presided by Smt. V. V. Seshubabu held Life Insurance Corporation liable for deficiency in service for wrongful repudiation of a legitimate insurance claim. However, the insurer rejected the insurance claim of the complainant on grounds that there was no permanent disability. Observations by the State Commission The Commission observed that the insurer rejected the claim, stating …

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service
3 months, 3 weeks ago

Delayed Intimation To Insurer Does Not Warrant Total Rejection Of Claims: Delhi State Commission Holds New India Assurance Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that an insurer cannot reject a claim solely on the basis of late intimation by the insured as such an act amounts to deficiency in service. Brief Facts of the Case The complainant, a poor villager, purchased a tractor for agricultural work, financed by the State Bank …

Rejection Of Insurance Claim Valid If Insured Does Not Follow Policy Terms: Delhi State Commission Reject Claims Of Deficiency Against National Insurance
3 months, 4 weeks ago

Rejection Of Insurance Claim Valid If Insured Does Not Follow Policy Terms: Delhi State Commission Reject Claims Of Deficiency Against National Insurance

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal And Ms. Pinki held that the insurer can reject the insurance claim if the insured has not complied with the policy terms stated. Her son later approached the insurer to request a name change on the policy but was told to first update the vehicle's ownership with the RTO. According …

Denial Of Insurance Claim Is Justified In Case Of Breach Of Insurance Contract By The Insured Person: Delhi State Commission
3 months, 4 weeks ago

Denial Of Insurance Claim Is Justified In Case Of Breach Of Insurance Contract By The Insured Person: Delhi State Commission

Live Law  

Delhi State Consumer Disputes Redressal Commission ruled that denial of insurance claim by “United India Assurance Co. ltd.” is valid where the insured person violates the terms of insurance policy. A coram of President Sangita Dhingra Sehgal and Judicial member Pinki held that non-submission of requisite and essential documents,as per the terms of policy, by the Complainant for due assessment …

Anantapur District Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
3 months, 4 weeks ago

Anantapur District Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

Live Law  

The District Consumer Disputes Redressal Commission, Anantapur bench of Smt. D. Grace Mary and Sir B. Gopinath held 'Shriram General Insurance Company Limited' liable for deficiency in service for its failure to settle a valid claim amount assessed under IRDA approved survey findings. Observations of the Commission: The District Commission observed that the Insurance Company had appointed an IRDA-approved surveyor …

Signing Discharge Voucher Does Not Prevent Insured Parties From Pursuing Claims : NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service
4 months ago

Signing Discharge Voucher Does Not Prevent Insured Parties From Pursuing Claims : NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that the denial of an insurance claim merely on the basis that the insured signed discharge vouchers is arbitrary and amounts as deficiency in service. Observations by the National Commission The National Commission observed that the main issue was whether the insurance company …

Insured Duty Bound To Disclose All Material Facts,: NCDRC Sets Aside State Commission's Order Against ECGC
4 months ago

Insured Duty Bound To Disclose All Material Facts,: NCDRC Sets Aside State Commission's Order Against ECGC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the suppression of material facts or failure to adhere to policy clauses justifies the denial of the insurance claim. The complainant filed a claim under the policy, which was rejected by the insurance company on grounds of a quality dispute and alleged violation …

NCDRC Holds Insurance Company Liable for Wrongful Repudiation of Fire Claim Submitted by NALCO
5 months ago

NCDRC Holds Insurance Company Liable for Wrongful Repudiation of Fire Claim Submitted by NALCO

Live Law  

National Consumer Disputes Redressal Commission (NCDRC) has held Oriental Insurance Co. liable for wrongfully repudiating a fire claim submitted by National Aluminium Company Ltd. (NALCO). The Insurance Company cited an exclusion clause for repudiating the claim based on unsubstantiated ambiguities w.r.t. the source of the fire. However, the NCDRC found that the exclusion clause was not applicable since the damage …

National Commission Rejects Oriental Insurance's Appeal, Finds Them Liable for Deficiency in Service
5 months ago

National Commission Rejects Oriental Insurance's Appeal, Finds Them Liable for Deficiency in Service

Live Law  

National Consumer Disputes Redressal Commission (NCDRC) has held Oriental Insurance liable for deficiency in service in a case concerning a medical insurance claim. The insurer argued that the treatment received by the complainant's wife was for weight reduction, which was excluded under the insurance policy's exclusion clause. However, the National Commission found that the insurer failed to prove that the …

Terms Of Insurance Contracts Should Be Strictly Interpreted: NCDRC
5 months, 4 weeks ago

Terms Of Insurance Contracts Should Be Strictly Interpreted: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, dismissed an appeal against National Insurance Company and held that insurance contract terms must be strictly interpreted, with precise adherence to their explicit wording and no alterations made. Contentions of the Insurer The insurer contended that the complainants secured a home loan to purchase the …

Insurance Contract Necessitates Full Disclosure Of Material Facts: NCDRC
5 months, 4 weeks ago

Insurance Contract Necessitates Full Disclosure Of Material Facts: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, in held that an insurance contract mandates utmost good faith, requiring complete disclosure of material facts, and an insurer is entitled to repudiate the contract if such facts are withheld. Challenging the State Commission's order, the insurer pointed out several issues: the Commission ignored medical …

Himachal Pradesh State Commission Holds United India Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
6 months ago

Himachal Pradesh State Commission Holds United India Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

Live Law  

The State Consumer Disputes Redressal Commission, Himachal Pradesh bench of Justice Inder Singh Mehta held 'United India Insurance Company Limited' liable for wrongful repudiation of a medical claim based on erroneous interpretation of the policy's clauses. Observations of the State Commission: The State Commission observed the condition stated by the Insurance Company for repudiating the claim, was not applicable to …

Inundation In Insurance Policies Include Act Of Flooding As Well As Its Consequences: NCDRC
6 months ago

Inundation In Insurance Policies Include Act Of Flooding As Well As Its Consequences: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance Company liable for deficiency in service due to denial of insurance claim stating that inundation resulting from excessive rainfall does not fall within the flood policy's coverage. Brief Facts of the Case The complainant purchased a Standard Fire and Special Perils insurance policy from the insurer, …

Any Fact Affecting Insurer's Decision Is Material, Failure To Disclose Allows Policy Rejection: NCDRC
7 months, 2 weeks ago

Any Fact Affecting Insurer's Decision Is Material, Failure To Disclose Allows Policy Rejection: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that any fact that could impact a prudent insurer's decision is considered material, and failing to disclose it gives the insurer the right to reject the policy. The commission agreed with the State Commission's finding that this omission was deliberate and fraudulent, citing Satwant …

Insurance Contracts Imply Duty Of Disclosure By Insured: NCDRC
7 months, 3 weeks ago

Insurance Contracts Imply Duty Of Disclosure By Insured: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that insurance contracts imply a duty of disclosure, and the contracts are voidable at the option of the insurer in case of concealment of information. Brief Facts of the Case The complainant's wife took out a policy under 'Jeevan Anand' from Life Insurance Corporation/insurer, with a sum assured …

Repudiation Of Insurance Claim Without Proper Notice Is Evasive: NCDRC
7 months, 3 weeks ago

Repudiation Of Insurance Claim Without Proper Notice Is Evasive: NCDRC

Live Law  

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 …

Consumer Cases Half-Yearly Digest: January To June 2024
8 months, 1 week ago

Consumer Cases Half-Yearly Digest: January To June 2024

Live Law  

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

Consumer Complaints Must Be Lodged Within Two Years From Date Of Cause Of Action: Delhi State Commission
8 months, 2 weeks ago

Consumer Complaints Must Be Lodged Within Two Years From Date Of Cause Of Action: Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, dismissed a complaint against Oriental Insurance Ltd., citing the presence of a limitation clause. It was further held that consumer complaints are time-barred and need to be filed within two years from the date of the action unless sufficient reasons are present. Observations by the State Commission …

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

No Proof Of Pre-Existing Disease, Kangra District Commission Holds Star Health And Allied Insurance Co Liable For Wrongful Repudiation
9 months, 1 week ago

No Proof Of Pre-Existing Disease, Kangra District Commission Holds Star Health And Allied Insurance Co Liable For Wrongful Repudiation

Live Law  

The District Consumer Disputes Redressal Commission, Kangra bench of Hemanshu Mishra, Arti Sood and Narayan Thakur held Star Health and Allied Insurance Co. Ltd liable for deficiency in services due to its unjustified rejection of a genuine claim. The bench held that the Insurance Company repudiated the claim without conducting a proper investigation or obtaining affidavits from treating doctors regarding …

Transfer Insurance Claim On Car, Not Followed Proper Procedure , Insurance Company Not Liable : NCDRC
9 months, 2 weeks ago

Transfer Insurance Claim On Car, Not Followed Proper Procedure , Insurance Company Not Liable : NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra, dismissed a complaint against Oriental Insurance and held that proper procedures should be followed in case of a policy transfer. Following an estimated repair cost of ₹21,36,572 from an authorized service center, the complainant filed a claim with the insurer, which was denied because the Registration Certificate was still …

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.
9 months, 2 weeks ago

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand bench of Kumkum Rani and Mr B.S. The bench dismissed an appeal filed against the New India Assurance Co. by holding that there existed no renewed insurance contract at the time of the loss and the Insurance Company refunded the premium which was automatically deducted by the bank. Feeling aggrieved, the Complainant filed …

Directly Remitting Insurance Claim Amount Without Mutual Consent Is Unfair Trade Practice: NCDRC
9 months, 3 weeks ago

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

Live Law  

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 …

Alleged Delays By Surveyor/Insurer Not Grounds To Reject Repudiation: NCDRC
9 months, 3 weeks ago

Alleged Delays By Surveyor/Insurer Not Grounds To Reject Repudiation: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that insurance claims cannot be rejected by the insured solely because of supposed delays by the surveyor or the insurer. The complainant took the matter to the State Commission, which dismissed the complaint, citing that the fire was caused by 'spontaneous combustion' despite reports …

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
9 months, 3 weeks ago

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

Live Law  

National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. National Consumer Disputes Redressal Commission Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd. National Consumer Disputes Redressal …

Quantification In Insurance Is Mandatory Even For Inadmissible Claims: NCDRC
9 months, 4 weeks ago

Quantification In Insurance Is Mandatory Even For Inadmissible Claims: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that in the insurance industry, quantifying a loss is a standard procedural step that surveyors must perform for every claim, regardless of whether that claim is ultimately deemed admissible or not. However, upon receipt of the claim, the insurer repudiated it, contending that the …

Mere Correspondence Cannot Prolong Limitation Period; Insurance Complaints Should Be Filed Within Prescribed Timeframe: NCDRC
9 months, 4 weeks ago

Mere Correspondence Cannot Prolong Limitation Period; Insurance Complaints Should Be Filed Within Prescribed Timeframe: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, dismissed an appeal against New India Assurance and held that insurance claims have to be filed within the stipulated time and mere correspondence does not extend the limitation period. The complainant approached the State Commission, which held that although the complainant was a “consumer” under …

Insurance Contracts Are Special Contracts Based On Principle Of Full Disclosure: NCDRC
10 months ago

Insurance Contracts Are Special Contracts Based On Principle Of Full Disclosure: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, dismissed a revision petition against Life Corporation India and held that the proposer of an insurance policy must disclose all material facts about the risk involved and be transparent with the facts. The insurer maintained that the policy was invalid due to the false information provided and pointed …

Consumer Cases Weekly Round-Up: 20th To 26th May 2024
10 months ago

Consumer Cases Weekly Round-Up: 20th To 26th May 2024

Live Law  

National Consumer Disputes Redressal Commission Alerting Insurer About Renewal Of Insurance Is Bank's Responsibility: NCDRC Holds Syndicate Bank Liable For Deficiency In Service Case Title: Bank Manager, Syndicate Bank Vs. Ishwar Dayal The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Syndicate Bank liable for deficiency in service and held that it is the responsibility of …

Owners Not Entitled To Claim Insurance Amount Under Private Vehicle Policy For Vehicles Registered As Commercial Vehicles: Bihar State Commission
10 months, 3 weeks ago

Owners Not Entitled To Claim Insurance Amount Under Private Vehicle Policy For Vehicles Registered As Commercial Vehicles: Bihar State Commission

Live Law  

The State Consumer Disputes Redressal Commission, Bihar bench comprising Ms Geeta Verma and Md. Shamim Akhtar allowed an appeal filed by Bajaj Allianz General Insurance Company. The State Commission held that it rightfully repudiated a vehicle claim because the vehicle's owner failed to disclose that the vehicle was registered as a commercial vehicle, at the time of obtaining the policy. …

Non-Standard Basis Of Settling Insurance Claims Apply To Both Private And Public Insurance Companies, NCDRC Holds Bajaj Allianz General Insurance Co. Liable
1 year ago

Non-Standard Basis Of Settling Insurance Claims Apply To Both Private And Public Insurance Companies, NCDRC Holds Bajaj Allianz General Insurance Co. Liable

Live Law  

The National Consumer Disputes Redressal Commission bench comprising Justice Sudip Ahluwalia held that the guidelines to settle an insurance claim on a non-standard basis apply to both private and public insurance companies. Dissatisfied with the order of the State Commission, the Insurance Company filed a revision petition in the National Consumer Disputes Redressal Commission. The Insurance Company relied on Bhagirath …

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 …

Chandigarh: Car insurer fined 15k for rejecting claim
1 year, 2 months ago

Chandigarh: Car insurer fined 15k for rejecting claim

Hindustan Times  

The District Consumer Disputes Redressal Commission has directed an insurance company to reimburse a claim of ₹10 lakh to a Panchkula woman, whose car was stolen in Delhi. The company mentioned that the theft of the car was reported to them on February 3, 2020, and they appointed one Anurag Midha as a fact finder, so it is proved that …

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