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Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount
4 days, 18 hours 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 …

Commission Complainant Insurer National Insurance
Surveyor's Report Can Only Be Rejected Only On Valid Grounds: NCDRC
4 days, 22 hours 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 …

Policy Insurance Building Report Commission Complainant Insurer
Insurance Policies Must Be Read Holistically: NCDRC Holds LIC Liable For Deficiency In Service
6 days, 22 hours 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 …

Policy Insurance Commission Insurer Insurance Policies Lic
Violations Must Constitute Fundamental Breach To Deny Insurance Claim: NCDRC Holds Bharti General Insurance Liable For Deficiency In Service
1 week, 3 days 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 …

Insurance Theft Commission Vehicle Insurer Key Claim
Surveyor's Report Can Only Be Rejected On Valid Grounds: NCDRC
1 week, 4 days 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 …

Policy Building Report Commission Complainant Machinery United India Insurance
Signing Discharge Voucher Does Not Prevent Insured Parties From Pursuing Claims : NCDRC Holds Bajaj Allianz Insurance Liable For Deficiency In Service
3 weeks, 3 days 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 …

Insurance Company Commission Complainant Insured
National Commission Rejects Oriental Insurance's Appeal, Finds Them Liable for Deficiency in Service
1 month, 3 weeks 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 …

Law Insurance Consumer Protection Medical Claims New Delhi
Terms Of Insurance Contracts Should Be Strictly Interpreted: NCDRC
2 months, 3 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 …

Policy Insurance National Commercial Loan Complainant National Insurance Company
Insurance Contract Necessitates Full Disclosure Of Material Facts: NCDRC
2 months, 3 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 …

Contract Policy Insurance State Insurer Cld Facts
Inundation In Insurance Policies Include Act Of Flooding As Well As Its Consequences: NCDRC
2 months, 3 weeks 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, …

Policy Insurance National Commission Complainant Insurer Heavy Rains
Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC
3 months, 1 week ago

Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC

Live Law  

The Rajasthan High Court has made it clear that a claimant seeking compensation for motor accident can approach the Tribunal having jurisdiction over the issuing office of the offending vehicle's insurer. A single judge bench of Justice Anil Kumar Upman referred to Section 166 of the Motor Vehicles Act which lays down that an application for compensation could be filed …

Jurisdiction Court Office Motor Accident Tribunal Jaipur Insurer
Any Fact Affecting Insurer's Decision Is Material, Failure To Disclose Allows Policy Rejection: NCDRC
4 months, 1 week 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 …

Policy Life Insurance Commission Insurer Material Fact
Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC
4 months, 2 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 …

Insurance Court National Company Delay Commission Complainant
Insurance Contracts Imply Duty Of Disclosure By Insured: NCDRC
4 months, 2 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 …

Policy Life Insurance Commission Complainant Insurer Claim Disclosure
Repudiation Of Insurance Claim Without Proper Notice Is Evasive: NCDRC
4 months, 2 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 …

Survey Report Commission Complainant Insurer Claim National Insurance
Surveyor's Report Can't Be Rejected Unless Arbitrary: NCDRC
5 months, 4 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 …

Insurance Commission Insurer Claim United India Insurance
Transfer Insurance Claim On Car, Not Followed Proper Procedure , Insurance Company Not Liable : NCDRC
6 months, 1 week 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 …

Policy Insurance National Transfer State Commission Complainant
Directly Remitting Insurance Claim Amount Without Mutual Consent Is Unfair Trade Practice: NCDRC
6 months, 2 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 …

Policy Insurance State Report Commission Complainant Insurer
Mere Correspondence Cannot Prolong Limitation Period; Insurance Complaints Should Be Filed Within Prescribed Timeframe: NCDRC
6 months, 3 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 …

Limitation Period Commission Complainant Complaint Filed Claim
Insurance Contracts Are Special Contracts Based On Principle Of Full Disclosure: NCDRC
6 months, 3 weeks 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 …

Policy Insurance Second Commission Insurer
Concealment Of A Non-Life-Threatening Condition Not Causing Death Should Not Invalidate An Insurance Claim: NCDRC
6 months, 4 weeks ago

Concealment Of A Non-Life-Threatening Condition Not Causing Death Should Not Invalidate An Insurance Claim: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra, held Life Insurance Corporation liable for deficiency in service over invalidating an insurance case citing non-disclosure of prior non-life-threatening health conditions. Brief Facts of the Case The deceased husband of the complainant purchased two life insurance policies from the Life Insurance Corporation/insurer: Jeevan Tarang Policy for Rs. The primary reliance …

Policy Case Life Insurance Commission Insurer Policies Claim
Hotel Sahara Star secures ₹4.13 cr insurance payout after 15-year legal battle
1 year, 1 month ago

Hotel Sahara Star secures ₹4.13 cr insurance payout after 15-year legal battle

Hindustan Times  

HT Correspondent HT Image [email protected] MUMBAI: Hotel Sahara Star, owned by Sahara Hospitality Ltd, is set to receive ₹4.13 crore from its insurer, as ruled by the National Consumer Disputes Redressal Commission. It stated that the contract covered the risk of a “storm” and the winds of 80 kmph did not qualify to be a storm, only the winds with …

Storm Wind Sahara Ncdrc Sahara Hospitality Cr Insurance
Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court
1 year, 10 months ago

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court

Live Law  

The Kerala High Court on Monday held that Insurance Company would be liable to initially compensate a motor accident victim, even if the condition in policy against driving of vehicle in an intoxicated state is violated by the driver.The Single Judge Bench of Justice Sophy Thomas observed,"Undoubtedly, when the driver is in an inebriated state, certainly, his consciousness and senses …

Insurance Compensation Court Kerala High Court Company Tribunal State
LIC may turn into composite insurer; likely to merge 4 PSU general firms
2 years ago

LIC may turn into composite insurer; likely to merge 4 PSU general firms

Business Standard  

With the Central government proposing to allow composite insurers, the four public sector general insurance companies can be merged with the Life Insurance Corporation of India is one of the views voiced by industry experts. The employee unions in the four government-owned general insurance companies -- The Oriental Insurance Company Limited, National Insurance Company Limited, The New India Assurance Company …

India Insurance General Companies Company Insurer Merge