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

Amendment of plaint under Order VI Rule 17 of the CPC explained

Cause Title :  Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied:  Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

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...