Skip to main content

A surveyor's report is not the final word on settling insurance claims

When it comes to general insurance claims, a surveyor has long played God. He is the one on whose word insurance companies rely while handing out the money. For the uninitiated, a surveyor is a qualified professional, who assesses the nature and extent of your loss, and the insurer company processes your claim on the basis of the report that is prepared by him. However, in a recent case, the National Consumer Commission held that the surveyor's assessment need not be the final word while settling a claim.

Given the extent to which the insurance companies depend on the surveyor's report, this ruling is significant. It clearly establishes that companies must look beyond the assessment report, especially in cases of ambiguity.

The case

In April 2005, the owner of Uni Ply Industries insured the stock in his factory for Rs 30 lakh with New India Assurance, for a year. The insurance company issued a one-page policy cover note, but without any terms and conditions. The policyholder renewed the policy for another year in 2006, but before the term ended, a fire broke out in the factory, destroying stock worth Rs 19 lakh, as per the owner's estimate. However, the surveyor approved by the Insurance Regulatory and Development Authority ( Irda) assessed the loss at Rs 10 lakh. The insurer made a payment of only Rs 8 lakh to the factory owner by invoking the excess clause.

According to this clause, in the event of loss, a predetermined portion is paid by the policyholder. The factory owner protested, but accepted the Rs 8 lakh settlement as part payment. Later, when he asked the insurance company to pay the balance, his request was rejected on the grounds that the matter had already been settled. So, in 2007, the owner filed a case on the grounds of deficiency of service with the district commission, which ruled in his favour.

The insurance company's appeal to the state commission also went in favour of the policyholder. The New India Assurance then filed a revision petition with the National Commission, questioning the findings of the district and state commissions. The company's main argument was that it had processed the claim based on the findings of an independent surveyor and, hence, there was no deficiency in service. However, the National Commission held that it was incorrect on the part of the company to treat the payment of Rs 8 lakh as final settlement since the policyholder had accepted it only as partial relief; his signing the discharge voucher did not end the matter.

The ruling also referred to court precedent, or 'settled law', that a surveyor's assessment could not be treated as the final word. The Commission held that the company could not invoke the excess clause as it had failed to issue the terms and conditions of the policy to the factory owner.

The takeaway

With this ruling, the National Commission has reiterated the role that a surveyor plays in processing claims.

In other words, if there's doubt that the surveyor did not consider all material facts while arriving at the loss, the insurance company cannot rely solely on his opinion to settle a claim. The ruling also clearly establishes that if there is uncertainty about the loss amount, the insurance company should not invoke the excess clause

Article referred: http://economictimes.indiatimes.com/personal-finance/insurance/insurance-news/a-surveyors-report-is-not-the-final-word-on-settling-insurance-claims/articleshow/21396006.cms

Comments

Most viewed this month

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...